Chapter 49 Critical Area

§ 49-1 Implementation of program; purpose and goals.

Editor's Note: This ordinance also repealed former Ch. 49, Critical Areas, adopted 6-6-1988 by Ord. No. 717.

Goals. The goals of the City of Havre de Grace Critical Area Program are to accomplish the following:

Minimize adverse impacts on water quality that result from pollutants that are discharged from structures or run off from surrounding lands;

Conserve fish, wildlife, and plant habitat; and

Establish land use policies for development in the Chesapeake Bay Critical Area located within the City's municipal boundary which accommodate growth while minimizing the environmental impacts that the number, movement, and activities of persons may have on the area.

Havre de Grace Critical Area Program.

The City's Critical Area Program consists of this chapter as applied under the state-required regulatory overlay to parcels within the City's mapped Critical Area and the Official Critical Area maps which were created through the State of Maryland Department of Natural Resources by COMAR Title 27, Critical Area Commission for the Chesapeake and Atlantic Coastal Bays. Digital state-developed maps supersede the original maps created in 1988 as part of the City's program and are being adopted at the same time as this chapter update.

These provisions regulate development activities and resource utilization activities. They supplement existing land use regulations by imposing specific standards and requirements within the Critical Area as set forth in the Critical Area criteria. General information about the Critical Area program can be found on the City's website and in the Comprehensive Plan. Related Critical Area implementation provisions may be found in the following chapters of the City Code: Chapter 155, Site Plan Approval; Chapter 173, Subdivision Regulations; and Chapter 205, Zoning.

Applicability. The Director of the Department of Planning or his/her designee shall review a permit application for a development or redevelopment activity in the Critical Area for compliance with this chapter prior to issuance of a building permit or project approval as defined herein.

The Official Critical Area Overlay District Map.

The Official Critical Area Overlay District Map is applied as a regulatory overlay in the City's development review procedures. The Official Critical Area Map delineates the extent of the Critical Area overlay district that shall include:

All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide, and all state and private wetlands designated under Title 16 of the Environment Article of the Annotated Code of Maryland.

All land and water areas within 1,000 feet beyond the landward boundaries of State or private wetlands and the heads of tides designated under Title 16 of the Environment Article of the Annotated Code of Maryland.

Within the designated Critical Area Overlay District, all land shall be assigned one of the following land management and development area classifications:

Intensely Developed Area (IDA);

Limited Development Area (LDA);

Resource Conservation Area (RCA).

Land within the City's Critical Area has been classified in two of the three categories, IDA and RCA. This is based on initial state mapping performed in 1985. At this time, the City does not include any areas that are mapped or otherwise designated as LDA. At such time in the future that an area within the City is designated as an LDA through annexation or the use of growth allocation, then appropriate modifications would be made to the City's program at the same time that the annexation or approval of the growth allocation takes place.

The Critical Area Overlay District Map may be amended by the Mayor and City Council in compliance with amendment provisions in this chapter, the Maryland Critical Area Law, and COMAR Title 27.

Notification of project approval.

The Department of Planning shall send copies of applications for developments, subdivisions, and site plans wholly or partially within the Critical Area as specified in COMAR 27.03.01.04 to the Critical Area Commission for review and comment.

The application shall be accompanied by a completed "project notification application" form downloaded from the Commission's website.

The Department may not process an application which has been sent to the Commission for notification until it has received notice of receipt by the Commission.

Any action by the Department of Planning in violation of these procedures shall be void.

ANADROMOUS FISH PROPOGATON WATERS

In addition, the Department of Planning will notify the Commission for applications related to: rezoning, including floating zones; special exceptions, conditional uses, and zoning variances; variances; buffer management plans; and shore erosion control plans as per COMAR 27.03.01.04. The following table is a summary of notification requirements for all projects in the designated zones of the Chesapeake Bay Critical Area, whether for public or private development. Since there are no designated LDA mapped areas within the City, LDA notification is omitted from this table.

Summary of Notification Requirements to the Critical Area Commission (COMAR 27.03.01)
Type of Application		Requires Notification to Critical Area Commission (Yes/No)
Type of Application		IDA	RCA
1.	Disturbance to a Habitat Protection Area	Y	Y
2.	Physical disturbance to buffer	Y	Y
3.	Variance from Critical Area provisions	Y	Y
4.	Development resulting in less than 5,000 square feet of disturbance	N	N
5.	Development resulting in between 5,000 and 15,000 square feet of disturbance	N	Y
6.	Development resulting in greater than 15,000 square feet of disturbance	Y	Y
7.	Subdivision of 3 lots or fewer	N	Y
8.	Subdivision of 4 to 10 lots	N	Y
9.	Subdivision of greater than 10 lots	Y	Y
10.	Subdivision affecting growth allocation	N/A	Y
11.	Intrafamily transfer	N/A	Y
12.	Rezoning that would occur wholly or partially within the Critical Area	Y	Y
13.	Special exception or conditional use for industrial, commercial, institutional, nonresidential or multifamily	N	Y
14.	Substantial alteration to applications previously submitted to Critical Area Commission	Y	Y

§ 49-2 Definitions.

The following words have the following meanings for the purposes of implementing the Critical Area Program, and the singular always include the plural, and vice versa, except where such construction would be unreasonable:

ABATEMENT

The act of putting an end to a land alteration or development activity or reducing the degree or intensity of the alteration or activity.

ACCESSORY

A structure that is detached from a principal structure, located on the same lot and clearly incidental and subordinate to a principal structure, or if there is no principal structure on the lot, a structure that is customarily incidental and subordinate to a principal structure.

ADDITION

A newly constructed area that increases the size of a structure.

AFFORESTATION

The establishment of a tree crop on an area from which it has always or very long been absent, or the planting of open areas which are not presently in forest cover.

AGRICULTURAL EASEMENT

A nonpossessory interest in land, which restricts the conversion of use of the land, preventing nonagricultural uses.

AGRICULTURE

All methods of production and management of livestock, crops, vegetation, and soil. This includes, but is not limited to, the related activities of tillage, fertilization, pest control, harvesting, and marketing. It also includes, but is not limited to, the activities of feeding, housing, and maintaining animals such as cattle, dairy cows, sheep, goats, hogs, horses, and poultry and handling their by-products.

ANADROMOUS FISH

Fish that travel upstream (from their primary habitat in the ocean) to freshwater in order to spawn.

Those streams that are tributary to the Chesapeake Bay and Atlantic Coastal Bays in which the spawning of anadromous species of fish (e.g., rockfish, striped bass, yellow perch, white perch, shad, and river herring) occurs or has occurred. The streams are identified by the Department of Natural Resources.

AQUACULTURE

The farming or culturing of finfish, shellfish, other aquatic plants or animals or both, in lakes, streams, inlets, estuaries, and other natural or artificial water bodies or impoundments;

Activities include hatching, cultivating, planting, feeding, raising, and harvesting of aquatic plants and animals and the maintenance and construction of necessary equipment, buildings, and growing areas; and

BEST MANAGEMENT PRACTICES (BMPs)

Cultivation methods include, but are not limited to, seed or larvae development and grow-out facilities, fish pens, shellfish rafts, rack and longlines, seaweed floats and the culture of clams and oysters on tidelands and subtidal areas. For the purpose of this definition, related activities such as wholesale and retail sales, processing and product storage facilities are not considered aquaculture practices.

BARREN LAND

Unmanaged land having sparse vegetation.

Conservation practices or systems of practices and management measures that control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics and sediment. Agricultural BMPs include, but are not limited to, strip cropping, terracing, contour stripping, grass waterways, animal waste structures, ponds, minimal tillage, grass and naturally vegetated filter strips, and proper nutrient application measures.

BUFFER

Area that based on conditions at the time of development is immediately landward from mean high water of tidal waterways, the edge of bank of a tributary stream, or the edge of a tidal wetland; and the area exists in, or is established in, natural vegetation to protect a stream, tidal wetland, tidal waters or terrestrial environments from human disturbance. The buffer includes an area of at least 100 feet even if that area was previously disturbed by human activity or is currently developed and also includes any expansion for contiguous sensitive areas, such as a steep slope, hydric soil, highly erodible soil, nontidal wetland, or a Nontidal Wetland of Special State Concern as defined in the COMAR 26.23.01.01.

BUFFER MANAGEMENT PLAN

A narrative, graphic description, or plan of the buffer that is necessary when an applicant proposes a development activity that will:

Affect a portion of the buffer;

Alter buffer vegetation; or

Require the establishment of a portion of the buffer in vegetation.

COLONIAL NESTING WATER BIRDS

"Buffer management plan" includes a major buffer management plan, a minor buffer management plan, and a simplified buffer management plan.

CANOPY TREE

A tree that, when mature, reaches a height of at least 35 feet.

CLEARCUTTING

The removal of the entire stand of trees in one cutting with tree reproduction obtained by natural seeding from adjacent stands or from trees that were cut, from advanced regeneration or stump sprouts, or from planting of seeds or seedlings by man.

CLUSTER DEVELOPMENT

A residential development to which dwelling units are concentrated in a selected area or selected areas of the development tract so as to provide natural habitat or other open space uses on the remainder.

Herons, egrets, terns, and glossy ibis. For the purposes of nesting, these birds congregate (that is "colonize") in relatively few areas, at which time, the regional populations of these species are highly susceptible to local disturbances.

COMAR

The Code of Maryland Regulations, as from time to time amended, including any successor provisions.

COMMERCIAL HARVESTING

A commercial operation that would alter the existing composition or profile, or both, of a forest, including all commercial cutting operations done by companies and private individuals for economic gain.

COMMUNITY PIERS

Boat docking facilities associated with subdivisions or similar residential areas, and with condominium, apartment and other multiple-family dwelling units. Private piers are excluded from this definition.

COMPREHENSIVE OR MASTER PLAN

A compilation of policy statements, goals, standards, maps and pertinent data relative to the past, present and future trends of the local jurisdiction, including, but not limited to, its population, housing, economics, social patterns, land uses, water resources and their use, transportation facilities and public facilities prepared by or for the Planning Board, agency or office.

CONSERVATION EASEMENT

A nonpossessory interest in land, which restricts the manner in which the land may be developed in an effort to reserve natural resources for future use.

CONSOLIDATION

A combination of any legal parcel of land or recorded legally buildable lot into fewer lots or parcels than originally existed. An application for consolidation may include a subdivision, lot line abandonment, boundary line adjustment, replatting request, or lot line adjustment.

CRITICAL AREA

All lands and waters defined in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland. They include:

All waters of and lands under the Chesapeake Bay and Atlantic Coastal Bays and their tributaries to the head of tide;

All state and private wetlands designated under Title 16 of the Environment Article, Annotated Code of Maryland;

All land and water areas within 1,000 feet beyond the landward boundaries of state or private wetlands and the heads of tides designated under Title 16 of the Environment Article, Annotated Code of Maryland; and

Modification to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Critical Area Commission as specified in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland.

CRITICAL AREA COMMISSION

The Critical Area Commission for the Chesapeake Bay and Atlantic Coastal Bays as established by the State of Maryland.

DENSITY

The number of dwelling units per acre within a defined and measurable area.

DEVELOPED WOODLANDS

An area of trees or an area of trees and natural vegetation that is interspersed with residential, commercial, industrial, institutional, or recreational development.

DEVELOPER

As stated in Natural Resources Article, § 8-1802(a), Annotated Code of Maryland, developer means:

A person who undertakes development as defined in this section; or

A person who undertakes development activities as defined in the criteria of the Commission.

DEVELOPMENT

A human activity that materially affects the condition or use of dry land, land under water, or a structure.

Includes redevelopment.

DEVELOPMENT ENVELOPE

Includes an individually owned lot, the lot coverage on that individually owned lot, a road, a utility, a stormwater management measure, an onsite sewage disposal measure, any area subject to human use such as an active recreation area, any required buffers, and any additional acreage necessary to meet the requirements of the program.

DISTURBANCE

An alteration or change to the land. It includes any amount of clearing, grading, or construction activity. Disturbance does not include gardening or maintaining an existing grass lawn.

DWELLING UNIT

A single unit providing complete, independent living facilities for at least one person, including permanent provisions for sanitation, cooking, eating, sleeping, and other activities routinely associated with daily life. "Dwelling unit" includes a living quarters for a domestic or other employee or tenant, an in-law or accessory apartment, a guest house, or caretaker residence.

ECOSYSTEM

A more or less self-contained biological community together with the physical environment in which the community's organisms occur.

ENDANGERED SPECIES

A species of flora or fauna whose continued viability is determined to be in jeopardy, in accordance with the provision of:

The federal Endangered Species Act of 1973, 16 U.S.C. §§ 1531 — 1544;

Natural Resources Article, Title 4, Subtitle 2A or Title 10, Subtitle 2A, Annotated Code of Maryland; or

ENVIRONMENTAL SITE DESIGN(ESD)

COMAR 08.03.08.

ENDANGERED SPECIES ACT

"Endangered Species Act" means the Endangered Species Act of 1973, 87 Stat. 884.

As defined in COMAR 26.17.02.02, Maryland Department of Environment:

Using small-scale stormwater management practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and minimize the impact of land development on water resources.

Design methods are specified in the Design Manual.

ESTABLISHMENT

The planting or regeneration of native vegetation throughout the buffer.

FINANCIAL ASSURANCE

A performance bond, letter of credit, cash deposit, insurance policy, or other instrument of security acceptable to a local jurisdiction.

FISHERIES ACTIVITY

A commercial water-dependent fishery operation, including a structure for the packing, processing, canning, or freezing of finfish, crustaceans, or mollusks.

FOREST INTERIOR DWELLING BIRDS

Includes a location where an activity related to a commercial water-dependent fishery operation occurs, such as wholesale and retail sale, product storage, crab shedding, off-loading, shellfish culture, or a shore-based facility necessary for an aquaculture operation.

FOREST

A biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater. Forest includes areas that have at least 100 trees per acre with at least 50% of those trees having two-inch or greater diameter at 4.5 feet above the ground and forest areas that have been cut, but not cleared. Forest does not include orchards.

Species of birds which require relatively large forested tracts in order to breed successfully (for example, various species of flycatchers, warblers, vireos, and woodpeckers).

FOREST PRACTICE

The alteration of the forest either through tree removal or replacement in order to improve the timber, wildlife, recreational, aesthetic, or water quality values.

FULLY ESTABLISHED

The buffer contains as much diverse, native vegetation as necessary to support a firm and stable riparian habitat capable of self-sustaining growth and regeneration.

GRANDFATHERED PARCEL/LOT

A parcel of land that was subdivided into recorded, legally buildable lots where the subdivision received final approval before December 1, 1985, or the date of local program adoption.

GROWTH ALLOCATION

Growth allocation is a process whereby local jurisdictions are allowed to approve additional growth and development in certain parts of the Critical Area by changing the Critical Area classification from RCA to either LDA or IDA or from LDA to IDA. Growth allocation is used to accommodate more intense land uses and development than what would have been permitted based on the existing classification. Each county is allotted a finite number of acres that can be used to reclassify land. Requests to use growth allocation must go through a rigorous review and approval process at the local level and must be approved by the local governing body. Following local approval, growth allocation requests must be submitted to the Critical Area Commission for review and approval.

HABITAT PROTECTION AREA

An area that is designated for protection:

Under Natural Resources Article, § 8-1806, Annotated Code of Maryland, regulations adopted under that authority, or a local program; or

By the Secretary of Natural Resources.

Includes:

The buffer as described in COMAR 27.01.01.01B(8);

A nontidal wetland as defined in COMAR 26.24.01.02B;

A habitat of a threatened species as defined in COMAR 27.01.09.03A;

A habitat of an endangered species as defined in COMAR 27.01.09.03A;

A habitat of a species in need of conservation as defined in COMAR 27.01.09.03A;

HISTORIC WATERFOWL STAGING AND CONCENTRATION AREA

A plant habitat as defined in COMAR 27.01.09.04A;

(g)

A wildlife habitat as defined in COMAR 27.01.09.04A; and

(h)

Anadromous fish propagation waters as defined in COMAR 27.01.09.05A.

HIGHLY ERODIBLE SOILS

Those soils with a slope greater than 15%; or those soils with a K factor greater than 0.35 and with slopes greater than 5%.

An area of open water and adjacent marshes where waterfowl gather during migration and throughout the winter season. These areas are "historic" in the sense that their location is common knowledge and because these areas have been used regularly during recent times.

HYDRIC SOILS

Soils that are wet frequently enough to periodically produce anaerobic conditions, thereby influencing the species composition or growth, or both, of plants on those soils.

HYDROPHYTIC VEGETATION

Those plants cited in "Vascular Plant Species Occurring in Maryland Wetlands" (Dawson, F. et al., 1985) which are described as growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content (plants typically found in wet habitats).

IMPERVIOUS SURFACE

An area covered with solid material or that is compacted to the point where water cannot infiltrate underlying soils (e.g., parking lots, roads, houses, patios, swimming pools, tennis courts, etc.). Stormwater runoff velocity and volume can increase in areas covered by impervious surfaces.

IN-KIND REPLACEMENT

The removal of a structure and the construction of another structure that is smaller than or identical to the original structure in use, footprint area, width, and length.

INTENSELY DEVELOPED AREA (IDA)

An area of at least 20 acres or the entire upland portion of the Critical Area within a municipal corporation, whichever is less, where residential, commercial, institutional, or industrial developed land uses predominate; and a relatively small amount of natural habitat occurs. These areas include an area with a housing density of at least four dwelling units per acre and/or an area with public water and sewer systems with a housing density of more than three dwelling units per acre.

INVASIVE SPECIES

A type of plant that is non-native to the ecosystem under consideration and whose introduction causes, or is likely to cause, economic or environmental harm or harm to human health.

K FACTOR

The soil erodibility factor in the universal soil loss equation.

LANDWARD EDGE

The limit of a site feature that is farthest away from a tidal water, tidal wetland, or tributary stream.

LIMITED DEVELOPMENT AREA (LDA)

Areas which are currently developed in low or moderate intensity uses. They also contain areas of natural plant and animal habitats, and the quality of runoff from these areas has not been substantially altered or impaired. These areas shall have at least one of the following features:

Housing density ranging from one dwelling unit per five acres up to four dwelling units per acre;

Areas not dominated by agriculture, wetland, forest, barren land, surface water, or open space;

Areas meeting the conditions of COMAR 27.01.02.03A, but not .03B;

LOCALLY SIGNIFICANT HABITAT

Areas having public sewer or public water, or both.

A plant or wildlife habitat that may not be of statewide significance but, in a local jurisdiction's Critical Area program, is considered to be significant in a local or regional context because the habitat contains a species:

Uncommonly found or of limited occurrence in that area; or

MAJOR BUFFER MANAGEMENT PLAN

With an unusually high concentration in that area.

LOT COVERAGE

The percentage of a total lot or parcel that is: occupied by a structure, accessory structure, parking area, driveway, walkway, or roadway; or covered with a paver, walkway gravel, stone, shell, impermeable decking, a paver, permeable pavement, or any other man-made material. Lot coverage includes the ground area covered or occupied by a stairway or impermeable deck, but does not include: a fence or wall that is less than one foot in width that has not been constructed with a footer; a walkway in the buffer or expanded buffer, including a stairway, that provides direct access to a community or private pier; a wood mulch pathway; or a deck with gaps to allow water to pass freely.

A plan and supporting documentation required under COMAR 27.01.09.01-3J.

MARINA

Any facility for the mooring, berthing, storing, or securing of watercraft, but not including community piers and other noncommercial boat docking and storage facilities.

MEAN HIGH WATER LINE (MHWL)

The average level of high tides at a given location.

MINOR BUFFER MANAGEMENT PLAN

A plan and supporting documentation required under COMAR 27.01.09.01-31.

MITIGATION

An action taken to compensate for an adverse impact to the environment resulting from a development activity or a change in land use or intensity.

MODIFIED BUFFER AREA (MBA)

An area officially mapped by the City and approved by the Critical Area Commission as MBA, where it has been sufficiently demonstrated that the existing pattern of residential, industrial, commercial, institutional, or recreational development prevents the buffer from fulfilling its water quality and habitat functions, and where development in accordance with specific MBA provisions can be permitted in the buffer without a variance.

NATIVE

A species that is indigenous to the physiographic area in Maryland where the planting is proposed.

NATURAL HERITAGE AREA

Any communities of plants or animals which are considered to be among the best statewide examples of their kind, and are designated by regulation by the Secretary of the Department of Natural Resources.

NATURAL REGENERATION

The natural establishment of trees and other vegetation with at least 400 free-to-grow seedlings per acre, which are capable of reaching a height of at least 20 feet at maturity.

NATURAL VEGETATION

Those plant communities that develop in the absence of human activities.

NEW DEVELOPMENT

For purposes of implementing specific provisions of this chapter, new developments (as opposed to redevelopment) means a development activity that takes place on a property with predevelopment imperviousness (in IDA) or lot coverage (LDA and RCA) of less than 15% as of December 1, 1985.

NONPOINT SOURCE POLLUTION

Pollution generated by diffuse land use activities rather than from an identifiable or discrete facility. It is conveyed to waterways through natural processes, such as rainfall, storm runoff, or groundwater seepage rather than by deliberate discharge. Nonpoint source pollution is not generally corrected by "end-of-pipe" treatment, but rather by changes in land management practices.

NONTIDAL WETLAND

Those areas regulated under Subtitle 26 of the Environment Article that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. The determination of whether an area is a nontidal wetland shall be made in accordance with the publication known as the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands," published in 1989, and as may be amended. Nontidal wetlands do not include tidal wetlands regulated under Title 16 of the Environment Article of the Annotated Code of Maryland.

OPEN SPACE

Land and water areas retained in an essentially undeveloped state.

PHYSIOGRAPHIC FEATURES

The soils, topography, land slope and aspect, and local climate that influence the form and species composition of plant communities.

PIER

Any pier, wharf, dock, walkway, bulkhead, breakwater, piles or other similar structure. Pier does not include any structure on pilings or stilts that was originally constructed beyond the landward boundaries of state or private wetlands.

PLANT HABITAT

A community of plants commonly identifiable by the composition of its vegetation and its physiographic characteristics.

PORT

A facility or area established or designated by the state or local jurisdictions for purposes of waterborne commerce.

PROJECT APPROVALS

The approval of development, other than development by a state or local government agency, in the Critical Area by the appropriate local approval authority;

Includes approval of subdivision plats and site plans, inclusion of areas within floating zones, issuance of variances, special exceptions, and conditional use permits and issuance of zoning permits; and

PUBLIC WATER-ORIENTED RECREATION

Does not include building permits.

Shore-dependent recreation facilities or activities provided by public agencies which are available to the general public.

RECONFIGURATION

A change of the configuration of an existing lot or parcel line of any legal parcel of land or recorded legally buildable lot. An application for reconfiguration may include a subdivision, a lot line adjustment, a boundary line adjustment, a replatting request, or a revision of acreage to increase density.

REDEVELOPMENT

The process of developing land which is or has been developed. For purposes of implementing specific provisions of this chapter, redevelopment (as opposed to new development) means a development activity that takes place on property with predevelopment imperviousness (in IDA) or lot coverage (in LDA and RCA) of 15% or greater.

REFORESTATION

The act of returning a site or area to an original state or any action that reestablishes all or a portion of the ecological structure and functions of a site or area.

RESOURCE CONSERVATION AREA (RCA)

An area that is characterized by nature-dominated environments, such as wetlands, surface water, forests, and open space; and resource-based activities, such as agriculture, forestry, fisheries, or aquaculture. Resource Conservation Areas include areas with a housing density of less than one dwelling per five acres.

RIPARIAN HABITAT

A habitat that is strongly influenced by water and which occurs adjacent to streams, shorelines, and wetlands.

ROAD

A public thoroughfare under the jurisdiction of the state, a county, a municipal corporation, or any other public body.

SIMPLIFIED BUFFER MANAGEMENT PLAN

Does not include a drive aisle or driveway.

A plan required for an application under COMAR 27.01.09.01-3H.

SPECIES IN NEED OF CONSERVATION

Those fish and wildlife whose continued existence as part of the state's resources are in question and which may be designated by regulation by the Department of Natural Resources as in need of conservation pursuant to the requirements of Natural Resources Article §§ 10-2A-06 and 4-2A-03, Annotated Code of Maryland.

STEEP SLOPES

Slopes of 15% or greater incline.

STRUCTURE

Building or construction materials, or a combination of those materials that are purposely assembled or joined together on or over land or water. Structure includes a temporary or permanent fixed or floating pier, piling, deck, walkway, dwelling, building, boathouse, platform, gazebo, or shelter for the purpose of marine access, navigation, working, eating, sleeping, or recreating.

SUBSTANTIAL ALTERATION

A repair, reconstruction, replacement, or improvement of a principal structure, with a proposed total footprint that is at least 50% greater than that of the structure that is the subject of the application.

THREATENED SPECIES

A species of flora or fauna that appears likely within the foreseeable future to become endangered, including a species determined to be a "threatened species" in accordance with the provisions of:

The federal Endangered Species Act of 1973, 16 U.S.C. §§ 1531-1544;

Natural Resources Article, Title 4, Subtitle 2A or Title 10, Subtitle 2A, Annotated Code of Maryland; or

TRANSPORTATION FACILITIES

COMAR 08.03.08.

TOPOGRAPHY

The existing configuration of the earth's surface, including the relative relief, elevation, and position of land features.

Anything that is built, installed, or established to provide a means of transport from one place to another.

TREE

Has the meaning stated in Natural Resources Article, § 5-1601, Annotated Code of Maryland.

TRIBUTARY STREAMS

A perennial stream or intermittent stream within the Critical Area that has been identified by site inspection or in accordance with local chapter procedures approved by the Critical Area Commission.

UNDERSTORY TREE

A tree that, when mature, reaches a height of 12 feet to 35 feet.

UNWARRANTED HARDSHIP

Without a variance, an applicant would be denied reasonable and significant use of the entire parcel or lot for which the variance is requested.

UPLAND BOUNDARY

The landward edge of a tidal wetland or a nontidal wetland.

URBAN BEST MANAGEMENT PRACTICES FOR STORMWATER

Those structural or nonstructural devices designed to temporarily store or treat stormwater runoff in order to mitigate flooding, reduce pollution, and provide other amenities. These devices include, but are not limited to, stormwater ponds, stormwater wetlands, stormwater infiltration practices, stormwater filtering systems, and open channel systems.

UTILITY TRANSMISSION FACILITIES

Fixed structures that convey or distribute resources, wastes, or both, including but not limited to electrical lines, water conduits and sewer lines.

WATER-DEPENDENT FACILITIES

Those structures or works associated with industrial, maritime, recreational, educational, or fisheries activities that require location at or near the shoreline within the buffer. An activity is water-dependent if it cannot exist outside the buffer and is dependent on the water by reason of the intrinsic nature of its operation. Such activities include, but are not limited to, ports, the intake and outfall structures of power plants, water-use industries, marinas and other boat docking structures, public beaches and other public water-oriented recreation areas, and fisheries activities.

WATER-USE INDUSTRY

An industry that requires location near the shoreline because it utilizes surface waters for cooling or other internal purposes.

WATERFOWL

Birds which frequent and often swim in water, nest and raise their young near water, and derive at least part of their food from aquatic plants and animals.

WILDLIFE CORRIDOR

A strip of land having vegetation that provides habitat and safe passage for wildlife.

WILDLIFE HABITAT

A plant community and physiographic features that provide food, water and cover, nesting, and foraging or feeding conditions necessary to maintain a population of animals in the Critical Area.

COMAR 27.01.02.01 includes the following definition related to growth allocation:

300-FOOT SETBACK

An area that is at least 300 feet in width, as measured from the landward boundary of tidal waters or wetlands, that is provided on a growth allocation site in order to provide habitat and stormwater benefits to supplement benefits required in accordance with COMAR 27.01.09.

§ 49-3 Development standards in the Critical Area.

General requirements in all Critical Area Overlay Zones.

New solid or hazardous waste collection or disposal facilities, or sanitary landfills or rubble fills, including transfer stations, may not be permitted in the Critical Area unless no environmentally preferable alternative exists outside the Critical Area, and these development activities or facilities are needed in order to correct an existing water quality wastewater management problem. Existing permitted facilities shall be subject to the standards and requirements of the Department of the Environment.

Development and redevelopment shall be subject to the Habitat Protection Area requirements prescribed in this chapter.

Development and redevelopment shall be subject to the water-dependent facilities requirements of this chapter.

Utility transmission facilities:

Utility transmission facilities, except those necessary to serve permitted uses, or where regional or interstate facilities must cross tidal waters, may be permitted in the Critical Area provided:

The facilities are located in Intensely Developed Areas; and

Only after the activity or facility has demonstrated to all appropriate local and state permitting agencies that there will be a net improvement in water quality to the adjacent body of water.

These provisions do not include power plants.

Roads, bridges, and utilities are prohibited in a Habitat Protection Area unless no feasible alternative exists. If a road, bridge, or utility is authorized the design, construction, and maintenance shall:

Provide maximum erosion protection;

Minimize negative impacts on wildlife, aquatic life, and their habitats; and

Maintain hydrologic processes and water quality.

All development activities that must cross or affect streams shall be designed to:

Reduce increases in flood frequency and severity that are attributable to development;

Retain tree canopy so as to maintain stream water temperature within normal variation;

Provide a natural substrate for stream beds; and

Minimize adverse water quality and quantity impacts of stormwater.

Reasonable accommodations for the needs of disabled citizens.

An applicant seeking relief from the Critical Area standards contained in this chapter in order to accommodate the reasonable needs of disabled citizens shall have the burden of demonstrating by a preponderance of evidence the following:

The alterations will benefit persons with a disability within the meaning of the Americans with Disabilities Act;

Literal enforcement of the provisions of this chapter would result in discrimination by virtue of such disability or deprive a disabled resident or user of the reasonable use and enjoyment of the property;

A reasonable accommodation would reduce or eliminate the discriminatory effect of the provisions of this chapter or restore the disabled residents' or users' reasonable use or enjoyment of the property;

The accommodation requested will not substantially impair the purpose, intent, or effect of the provisions of this chapter as applied to the property; and

The accommodation would be environmentally neutral with no greater negative impact on the environment than the literal enforcement of the statute, ordinance, regulation, or other requirement; or would allow only the minimum environmental changes necessary to address the needs resulting from the particular disability of the applicant/appellant.

The Director for the Department of Planning shall determine the nature and scope of any accommodation under this chapter and may award different or other relief than requested after giving due regard to the purpose, intent, or effect of the applicable provisions of this chapter. The Director may also consider the size, location, and type of accommodation proposed and whether alternatives exist which accommodate the need with less adverse effect.

The Director for the Department of Planning may require, as a condition of approval, that upon termination of the need for accommodation, that the property be restored to comply with all applicable provisions of this chapter. Appropriate bonds may be collected or liens placed in order to ensure the City's ability to restore the property should the applicant fail to do so.

Review process, applicability, and project approvals.

Regulated activities and applicability.

Any applicant for a permit or license to pursue activities within the Critical Area, such as development or redevelopment (to include single- family detached residential, commercial, industrial, institutional, recreational, and single-family attached, townhouse, and multifamily residential projects), grading, sediment and erosion control, shoreline erosion control, operation of a waste collection or disposal facility, operation of a commercial or private marina or other water-related commercial or industrial operation (whether public or private) shall only have such permits issued by the City after review and approval under this Critical Area program. This includes the City itself when the City is the developer on projects within its jurisdiction.

In the event of state law or regulatory updates as may happen from time to time, the City through its Department of Planning will apply updated state regulations in its review of projects. This is to ensure compliance with state regulatory changes which may not be reflected in its local program due to timing of local comprehensive review of its Critical Area program.

Responsible agency. All applications for local approval for site plans, subdivision plans, and building permits shall be made to the Department of Planning. Stormwater management, sediment and erosion control, and grading plans and/or permits are approved by the Department of Public Works with Department of Planning review for Critical Area compliance.

Process for project approvals.

Upon receiving a permit application, site plans, and subdivision plans within the Critical Area, City staff shall review projects for compliance with the requirements of this chapter and notify Critical Area Commission staff of projects of certain size and criteria. If the activity is in compliance, it shall be approved in a timely manner of its receipt by the City and the applicant will be notified of the approval. If it is not in compliance, the applicant shall be notified with the reasons for noncompliance. City staff will work with property owners and/or their site designers/engineers for meeting Critical Area requirements.

All applications requiring subdivision and/or site plan review shall follow procedures outlined in the following municipal chapters: Chapter 173, Subdivision Regulations; Chapter 155, Site Plan Approval; and Chapter 205, Zoning. Projects within the mapped Critical Area for the City are reviewed in accordance with this chapter as a regulatory overlay to those affected areas.

State and local projects. For all development in the Critical Area resulting from state and local agency projects, the City shall adhere to COMAR 27.02.02 and 27.02.04. Consistency reports shall be submitted to the Commission for all City projects in the Critical Area as required.

Complementary state laws and regulations. In applying this chapter, the City refers to all of the following complementary existing state laws and regulations:

For soil erosion and sediment control:

Soil erosion and sediment control management measures shall be consistent with the requirements of Environment Article, §§ 4-101 through 4-416, Annotated Code of Maryland, and COMAR 26.17.01.

The City requires erosion control as the basis of sediment control plans within the Critical Area.

For stormwater runoff:

Stormwater management measures shall be consistent with the requirements of Environmental Article, §§ 4-201 through 4-215, Annotated Code of Maryland, and COMAR 26.17.02, which is the Stormwater Criteria for Maryland Critical Area IDA Zone (Appendix D.4 of the Maryland Stormwater Design Manual, Volumes I and II, published in October 2000 and revised in May 2009). Appendix D.4 relates to the Critical Area 10% Rule which is further expanded in the publication Critical Area 10% Rule Guidance Manual - Fall 2003.

Intensely developed areas (IDA).

The following uses may only be permitted in the IDA only after the activity or facility has demonstrated to appropriate local and state permitting agencies that there will be a net improvement in water quality to the adjacent body of water. These activities include the following:

Nonmaritime heavy industry;

Permanent sludge handling, storage and disposal facilities, other than those associated with water and/or wastewater treatment facilities. However, agricultural or horticultural use of sludge under appropriate approvals when applied by an approved method at approved application rates may be permitted in the Critical Area, except in the 100-foot buffer.

Development activities shall be designed and implemented to minimize destruction of forest and woodland vegetation.

All development and redevelopment activities shall include stormwater management technologies that reduce pollutant loadings by at least 10% below the level of pollution on the site prior to development or redevelopment as provided in Critical Area 10% Rule Guidance Manual - Fall 2003 and as may be subsequently amended.

There is a fee-in-lieu option if there is a demonstrated inability to meet the stormwater management 10% Rule requirements due to lot constraints or unusual site circumstances. Fees-in-lieu may not be applied to single-family residential development or residential improvements; on-site plantings and/or mitigation are required. For all other projects, the applicant shall compute the pollutant removal requirement in accordance with the guidance specified by the Critical Area Commission, and fees in lieu of pollutant reduction shall be assessed at the rate of $32,500 per pound of phosphorous. The fee shall be appropriately adjusted for fractions of pounds. A combination of best management practices and fees-in-lieu may be used to meet the pollutant removal requirement.

Use of the fee-in-lieu is to be utilized as an option if and only if no other on-site improvements can be made to achieve the stormwater management 10% Rule requirements; this is at the discretion of the Director of the Department of Planning or his/her designee. Fees collected are to be placed in the dedicated and restricted fund for use on water quality projects by the City. All fee-in-lieu funds will be kept separately from the Critical Area Taxing District funds described in § 49-5 for appropriate mitigation.

New, expanded, or redeveloped industrial or port-related facilities and the replacement of these facilities may be permitted only in those portions of IDAs that have been designated as Modified Buffer Area (MBA). In the case of the City of Havre de Grace, all IDA is designated as MBA.

Limited development areas (LDA). The City does not include any areas that are mapped or otherwise designated as Limited Development Areas (LDA). At such time in the future that an area within the City is proposed for designation as LDA through annexation or the use of growth allocation, then appropriate modifications to include the LDA development standards would be made to the City's program at the same time that the annexation or approval of the growth allocation takes place, provided approval of the Critical Area Commission is received by the City.

Resource conservation areas (RCA).

Nothing in this section shall limit the ability of a participant in an agricultural or environmental easement program to convey real property impressed with such an easement to family members, provided that no such conveyance will result in a density greater than one dwelling unit per 20 acres.

Land use management practices shall be consistent with the policies and criteria for Habitat Protection Area provisions of this chapter.

Development activity. There is minimal opportunity for new development activity in RCA designated areas in the City. For private property in the RCA, development activity is limited to the construction of a single-family dwelling on existing grandfathered lots. See § 49-8, Grandfathering. No additional subdivision is allowed as per Chapter 173, Subdivision Regulations, § 173-14.

For the purposes of calculating limitations on lot coverage, is as follows:

When a site is mapped entirely as RCA, lot coverage is based on the entire site area; and

When a portion of a lot or parcel is mapped as RCA, lot coverage is based on the area of the RCA.

RCA designated areas are limited to:

Elizabeth Street neighborhood of north of MD 763/Superior Street and residential sites located beneath the US 40 Thomas J. Hatem Bridge;

Exelon land holdings along the Susquehanna River, which are natural areas;

Public parklands and cultural resources, like McLhinney Park, North Park, and The Lock House Museum, adjoining grounds, and trail system;

Havre de Grace Police Department Shooting Range and Community Center property located on Lagaret Lane; and

Tydings Island, which is created dredge spoils island that offers limited docking and harbor protection from southern storm events.

Density.

Land within the RCA are not allowed to be subdivided as per Chapter 205, Zoning, Article X, Critical Area Resource Conservation Zone, which was adopted as part of the City's Critical Area program in 1988. Only existing lots are grandfathered for development in the RCA, with the possible exception of cases where there may be more than one single-family residences on a parcel, where continuation but not intensification or expansion of any use or construction of additional structures would be allowed. See § 49-8, Grandfathering.

Standards for lot coverage as determined by state law/COMAR reference are provided in Appendix I, Resource Conservation Area (RCA) Standards of Development on Existing Lots. These lot coverage standards are the same for Limited Development Areas as defined in state regulations.

RCA uses.

Existing industrial and commercial facilities, including those that directly support agriculture, forestry, aquaculture, or residential development not exceeding one per 20 acre density shall be allowed in RCAs.

Expansion of existing industrial facilities and use in the RCA shall be subject to the nonconforming use provisions of this chapter and the grandfathering provisions in § 49-8 and may require growth allocation.

New commercial, industrial, and institutional uses shall not be permitted in Resource Conservation Areas, except as provided for in the City's growth allocation provisions or as listed below. Additional land may not be zoned, used or developed for industrial, commercial, or institutional development, except as provided by the City's growth allocation provisions.

A home occupation as an accessory use on a residential property and as provided in Chapter 205, Zoning;

A bed-and-breakfast facility located in an existing residential structure and where meals are prepared only for guests staying at the facility;

A cemetery provided lot coverage is limited to 15% of the site or 20,000 square feet, whichever is less;

A gun club or skeet shooting range or similar use, excluding main buildings and/or structures, such as a clubhouse, snack bar, etc.;

A day-care facility in a dwelling where the operators live on the premises and there are no more than eight children;

[6]

A group home or assisted living facility with no more than eight residents.

The alteration of forest and woodlands shall be restricted and mitigated as follows:

The total acreage in forest and developed woodlands with the City in the Critical Area shall be maintained or preferably increased;

All forests and developed woodlands that are allowed to be cleared or developed shall be replaced in the Critical Area on not less than an equal area basis;

If an applicant is authorized to clear more than 20% of a forest or developed woodlands on a lot or parcel, the applicant shall replace the forest or developed woodland at 1.5 times the areal extent of the forest or developed woodlands cleared, including the first 20% of the forest or developed woodlands cleared;

An applicant may not clear more than 30% of a forest or developed woodlands on a lot or parcel, unless the Board of Appeals grants a variance and the applicant replaces forest or developed woodlands at a rate of three times the areal extent of the forest or developed woodlands cleared.

The following are required for forest or developed woodland clearing as required in Subsection E(6) above:

The applicant shall ensure that any plantings that die within 24 months of installation shall be replaced. A performance bond in an amount determined by the City shall be posted to assure satisfactory replacement as required in Subsection E(6) above and plant survival as required by this subsection;

A permit issued by the City before forest or developed woodland is cleared. Forests and developed woodlands which have been cleared before obtaining a permit is a violation and shall be replanted at three times the areal extent of the cleared forest;

Clearing of forest or developed woodlands that exceed the maximum area allowed in Subsection E(6) above shall be replanted at three times the areal extent of the cleared forest;

If the areal extent of the site limits the applicant of the afforestation or reforestation standards in this section, the applicant may be allowed to plant offsite or pay a fee in lieu of planting.

If no forest exists on proposed development sites, these sites shall be planted to provide a forest or developed woodland cover of at least 15%. The applicant shall designate, subject to the approval of the City, a new forest area on a part of the site not forested.

(9)

All forest, including afforested areas, shall be maintained through conservation easements, restricted covenants, or other protective instruments.

(10)

Development on slopes 15% or greater, as measured before development, shall be prohibited unless the project is the only effective way to maintain or improve the stability of the slope and is consistent with the policies and standards for Resource Conservation Areas.

§ 49-4 The buffer.

The Critical Area Buffer is the area of at least 100 feet located directly adjacent to the state's tidal waters, tidal wetlands, and tributary streams. It is a regulated Habitat Protection Area under COMAR 27.01.09.01. In the case of the City, IDA is designated as Modified Buffer Area and is subject to the standards in § 49-5, Modified Buffer Area (MBA), as created under provisions of COMAR 27.01.09.01-8.

For the purposes of this chapter, 100-foot buffer requirements are applied to projects in the RCA or areas of future growth allocation. See Appendix III, 100-foot Buffer Requirements for standards and mitigation requirements for projects subject to buffer regulations.

§ 49-5 Modified Buffer Area (MBA).

Applicability.

The following provisions apply to areas designated and mapped by the City as Modified Buffer Areas (MBA). These are areas where it has been sufficiently demonstrated that the existing pattern of residential, industrial, commercial, institutional, or recreational development in the Critical Area prevents the buffer from fulfilling its intended functions for water quality protection and wildlife habitat conservation. Due to historic development patterns, the City's IDA is identified in its entirety as MBA as part of the original program in 1988. These areas were formerly referred to as Buffer Exemption Areas (BEA).

Limited development is allowed in the MBA due to the provision of a Critical Area Taxing District as described in Subsection C below and was created as part of the City's original program to fund habitat and water quality improvements in the IDA. New development and redevelopment activity within the MBA are subject to the following standards.

Development and redevelopment standards. New development or redevelopment activities, including structures, roads, parking areas and other impervious surfaces, will not be permitted in the buffer in a designated MBA unless the applicant can demonstrate that there is no feasible alternative and the Director of the Department of Planning finds that efforts have been made to minimize buffer impacts based on the following standards:

Development and redevelopment activities have been located as far as possible from mean high tide, the landward edge of tidal wetlands, or the edge of each bank of tributary streams.

Commercial, industrial, institutional, recreational, single-family attached, townhouse, duplex, and multifamily residential development and redevelopment shall meet the following standards:

New development, including accessory structures, shall minimize the extent of intrusion into the buffer. New development shall not be located closer to the water (or edge of tidal wetlands) than the City setback for the zoning district or 25 feet, whichever is greater. Structures on adjacent properties shall not be used to determine the setback line.

Redevelopment, including accessory structures, shall minimize the extent of intrusion into the buffer. Redevelopment shall not be located closer to the water (or edge of tidal wetlands) than the local setback for the zoning district or 15 feet, whichever is greater. Structures on adjacent properties shall not be used to determine the setback line. A new structure may be constructed on the footprint of an existing structure.

Single-family detached residential development and redevelopment shall meet the following standards:

New development or redevelopment shall minimize the shoreward extent of intrusion into the buffer. New development and redevelopment shall not be located closer to the water (or edge of tidal wetlands) than principal structures on adjacent properties or the local setback for the zoning district, whichever is greater. In no case shall new development or redevelopment be closer than 25 feet from the water (or the edge of tidal wetlands).

Existing principal or accessory structures may be replaced in the same footprint.

In no case shall new accessory structures be located less than 25 feet from the water (or edge of tidal wetlands).

Variances to other local setback requirements have been considered before additional intrusion into the buffer.

Development and redevelopment may not impact any HPA other than the buffer, including nontidal wetlands, other state or federal permits notwithstanding.

Public access to the waterfront is a priority in the development process and is to be achieved on a site-by-site basis when practicable.

MBA designation shall not be used to facilitate the filling of tidal wetlands that are contiguous to the buffer or to create additional buildable land for new development or redevelopment.

No natural vegetation may be removed in the buffer except that required by the proposed construction.

(9)

Mitigation for development or redevelopment in the MBA approved under the provisions of this subsection shall be implemented as follows. These requirements are in addition to meeting the 10% Rule requirements in the IDA as per § 49-3. See § 49-7 below for landscape stock credit table for square foot credits for native plant material.

Natural vegetation of an area twice the extent of the footprint of the development activity within the 100-foot buffer shall be planted on site in the buffer or at another location approved by the Department of Planning. This design is to be provided in a buffer management plan as per § 49-8 and the size of which is determined by the amount of disturbance, requiring either a simplified, minor, or major buffer management plan based on square footage.

Applicants who cannot fully comply with the planting requirements in Subsection B(a) above may offset the mitigation requirement by removing an equivalent area of existing lot coverage in the buffer.

Applicants who cannot comply with either the planting or offset requirements in Subsection B(9)(a) or (b) above shall pay into a fee-in-lieu program for permanent impacts to the buffer, which is administered by the City. Fees-in-lieu of mitigation activities shall be assessed at a rate of $2.50 per square foot of development activity in the buffer.

Any fees-in-lieu collected under these provisions shall be placed in an account that will assure their use only for projects within the Critical Area to enhance wildlife habitat, improve water quality, or otherwise promote the goals of State Critical Area regulations. These funds cannot be used to accomplish a project or measure that would have been required under existing local, state, or federal laws, regulations, statutes, or permits.

Any required mitigation or offset areas shall be protected from future development through an easement, development agreement, plat notes or other instrument and recorded among the land records of Harford County.

Any shoreline disturbance as defined by § 49-6 will be treated separately and be subject to additional mitigation standards and shall require buffer management plans as per § 49-8.

(10)

Additional mitigation requirements for commercial, industrial, institutional, recreational, single-family attached, townhouse, duplex, and multifamily residential development is as follows.

For all development and redevelopment projects, a landscaped bufferyard, 15 feet wide shall be established on the project site between the development and the water. This bufferyard shall be densely planted with native trees, shrubs, and herbaceous plants or other appropriate species in accordance with the bufferyard table below. Maintenance of the bufferyard shall minimize activities that may adversely affect the adjacent tidal water or wetlands. Any required mitigation/offset areas muse be protected from future development through as easement development agreement, plat notes, or other instrument.

On redevelopment sites, if existing structures or those rebuilt on an existing footprint limit the area available for planting, then appropriate modifications to the width of the planted bufferyard may be made on a case-by-case basis; however, the total area of required bufferyard shall be provided.

Bufferyard Table
Area	Quantity and Stocking	Suggested Species
For every 100 linear feet of bufferyard	5 large trees (planting of large trees optional due to protection of waterfront views; however, trees must be replaced with understory trees/large shrubs on a 1:1 basis); AND	White Oak, Red Oak, Pin Oak, Willow Oak, Red Maple, American Holly, Eastern Red Cedar, Silver Maple, River Birch, Shagbark Hickory, Eastern Hemlock, Common Hackberry, American Beech, Green Ash, Common Honeylocust, Black Walnut, American Sweetgum, White Ash
	10 understory trees/large shrubs: AND	Red-Osier Dogwood, Mountain Laurel, Bayberry, Shadbush, Winterberry, Inkberry, Sweetbay Magnolia, Rosebay Rhododendron, Highbush Blueberry, Arrowwood Viburnum, Nannyberry, Blackhaw Viburnum, Eastern Redbud, White Fringetree, Flowering Dogwood, Washington Hawthorn, Wax Myrtle, Common Witchhazel
	30 small shrubs; AND	Pepperbush, Chokeberry, Strawberry Bush, Sweetspire, Native Azaleas, Piedmont Azaleas, Swamp Azaleas
	40 herbaceous plants, grasses, etc.	Wild Columbine, Butterflyweed, Common Milkweed, Asters

Additional native plant species may be found at the U.S. Fish & Wildlife Services publication: Native Plants for Wildlife Habitat and Conservation Landscaping, Chesapeake Bay Watershed: www.fws.gov/chesapeakebay/pdf/NativePlantsforWildlifeHabitatandConservationLandscaping.pdf

(11)

Subdivision in the MBA must be designed to meet mitigation measures. New development and redevelopment in the MBA must adhere to the 10% Rule requirements for stormwater management as well as these standards for mitigation as defined in this Subsection.

(12)

All unauthorized development activities in the MBA shall be mitigated at a ratio of 4:1 for the area of disturbance in the buffer.

(13)

The installation or cultivation of new lawn or turf in the buffer is prohibited.

Critical Area Taxing District. To offset the reduced buffer requirements for new development and redevelopment in the MBA at the edge of tidal waters, the City will continue to collect fees assessed on individual properties located within the Critical Area Taxing District. These fees are collected currently at a rate of $0.044 per $100 of assessed value and applied to individual property tax bills on an annual basis. The tax rate is established each year and is subject to change by the Mayor and City Council.

Boundary description of Critical Area Taxing District. The boundary of Critical Area Taxing District is described as follows: beginning at the point where the center line of the right-of-way of US 40 crosses the shoreline of the Susquehanna River within the City of Havre de Grace and continuing southerly along the shoreline of the Susquehanna River to the point where a southerly projection of the center line of Concord Street crosses the shoreline of the Susquehanna River; then north along the center line of Concord Street to its intersection with Revolution Street; then west along the center line of Revolution Street to its intersection with Market Street; then north along the center line of Market Street to its intersection with St. John Street; then in a generally northwesterly direction along the center line of St. John Street to its intersection with Union Avenue; then north along the center line of Union Avenue to its intersection with Water Street; then north along the center line of Water Street to its intersection with Erie Street; then west along the center line of Erie Street to its intersection with Conesteo Street; then north along the center line of Conesteo Street to its intersection with a projection of Superior Street; then west along the center line of a projection of Superior Street to its intersection with US 40; then northeasterly along the center line of US 40 to the point of beginning at the shore of the Susquehanna River.

Use of funds collected in the Critical Area Taxing District.

Fees collected under the Critical Area Taxing District associated with the City's Modified Buffer Area provisions shall be placed in an account that will assure their use only for projects within the Critical Area to enhance wildlife habitat, improve water quality, or otherwise promote the goals of the City's Critical Area Program. The funds cannot be used to accomplish a project or measure that would have been required under existing local, state, or federal laws, regulations, statutes or permits. (For example, the restoration of a wetland required as mitigation for nontidal wetland impacts cannot be financed with funds collected in the Critical Area Taxing District.)

Prior to using these funds to implement projects, the Department of Planning will provide a letter to the Critical Area staff for any projects to be performed on a project-by-project basis. This review letter includes a description of the project, the location of the project, the total cost of the project, and the cost of the project to be accomplished with Critical Area Taxing District funds.

Acceptable projects that may be accomplished with these funds include, but are not limited to, the following:

Planting native trees, shrubs, and herbaceous plants within the Critical Area;

Removing invasive plant species and providing replacement planting with native species;

Restoring a degraded or channelized stream in the Critical Area;

Creating or restoring a degraded tidal wetland in the Critical Area;

Creating or restoring a degraded nontidal wetland in the Critical Area;

[6]

Removing existing impervious surface cover within the buffer and permanently establishing it as a pervious area;

[7]

Removing existing impervious surface cover within a riparian area in the Critical Area and permanently establishing it as a pervious area;

[8]

Daylighting a piped stream;

[9]

Removing obstructions, debris, and structural channelizing elements from a stream;

[10]

Educating the public about the Critical Area Program, wildlife habitat, water quality, etc., through publications, brochures, signs, and internet content;

[11]

Improving existing stormwater facilities, such as extended detention ponds, to include redesign and reconstruction of underperforming or older facilities and the planting on native vegetation and/or forested buffers around the facilities;

[12]

Design and implementation of urban retrofit projects for stormwater management that provide water quality benefits, planting native vegetation and/or, and the installation of urban best management practices (BMPs), such as micro-bio facilities and rain gardens;

[13]

Cleaning up, capping or otherwise containing hazardous materials or site contamination within the Critical Area that prevents or eliminates the possibility of leaching into watercourses;

[14]

Implementing a nonstructural shore erosion control measure such as marsh creation or living shoreline projects;

[15]

Retrofitting a best management practice for stormwater to achieve a higher pollutant removal;

[16]

Modifying an existing stormwater conveyance network to enhance pollutant removal, or other measures that improve water quality or habitat;

[17]

Any water quality project that achieves Watershed Implementation Plan credits through Maryland Department of the Environment (MDE);

[18]

Engineering or landscape design for the abovementioned projects, not to exceed $10,000 per project.

§ 49-6 Shoreline disturbance activities and shore erosion control.

Other projects may be considered; however, they will be subject to the review and recommendations of the Critical Area Commission staff.

Requirements for mapping new MBAs. The City has no intention of designating new MBAs at this time since all IDA is designated MBA. At such time in the future that an area is annexed into the City in the Critical Area, it would require growth allocation and shall follow 100-foot buffer requirements that are outlined in Appendix III.

Shoreline disturbance activity. The City shall work with appropriate state and federal agencies to ensure compliance with applicable regulations, depending on a project's location relative to the mean high water line. The City may authorize disturbance for shoreline activities provided mitigation is performed in accordance with state agency and this chapter's requirements. Revetments, living shorelines, riparian access, bulkhead replacement, and invasive plant removal are identified shore disturbance activities and require the approval of a buffer management plan as per § 49-8.

A new development or redevelopment activity associated with a water-dependent facility as described in § 49-10.

In accordance with COMAR 26.24.02, a shore erosion control measure under COMAR 26.24.04, and this chapter.

Riparian access for water access, where mitigation is required at a rate of 2:1.

Invasive plant removal activities requiring native plant replacement at a rate of 1:1.

Mitigation for shoreline disturbance. An applicant for a development activity that includes disturbance to the shoreline, to include bulkhead replacement and invasive plant removal, shall mitigate for impacts and shall provide a buffer management plan in accordance with the standards set forth in § 49-8.

All authorized development activities shall be mitigated based on the ratios noted in the table below.

Mitigation Ratios Table
Activity	Mitigation Ratio
Activity	Permanent Disturbance	Temporary Disturbance
Shore Erosion Control	1:1	1:1
Riparian Water Access	2:1	1:1
Water-dependent Facility	2:1	1:1

Planting mitigation shall be planted onsite within the buffer. If mitigation planting cannot be located within the buffer, then the City may permit planting in the following order of priority:

On-site and adjacent to the buffer; and

On-site elsewhere in the Critical Area.

§ 49-8 Requirements for submittal of buffer management plans.

All unauthorized development activities along the shoreline shall be mitigated at a ratio of 4:1 for the area of disturbance in the buffer.

§ 49-7 Mitigation planting standards.

Mitigation in the form of plantings is required for any new development or redevelopment activity in the Critical Area. The following planting standards provide a credit equivalent for square footage requirements for planting and/or replanting within the Critical Area. All mitigation plantings must be of native plant stock.

An applicant that is required to plant native species to meet mitigation requirements shall apply the planting standards set forth in the table below.

Landscape Stock Credit Table
Vegetation Type	Minimum Size Eligible for Credit	Maximum Credit Allowed (Square Feet)	Maximum Percentage of Landscape Stock Credit
Canopy Tree	2-inch caliper	200	Not Applicable
Canopy Tree	3/4-inch caliper	100	Not applicable
Understory Tree	3/4-inch caliper	75	Not applicable
Large Shrub	3 feet high	50	30%
Small Shrub	18 inches high	25	20%
Herbaceous perennial	1 quart or based on the area covered by plugs or seed mix	2	10%
Planting Cluster A (For less than 1/2 acre of planting)	1 canopy tree; and 3 large shrubs or 6 small shrubs of size listed above	300	Not applicable
Planting Cluster B (For less than 1/2 acre of planting)	2 understory trees; and 3 large shrubs or 6 small shrubs of size listed above	350	Not applicable

Native plant species may be found at the U.S. Fish & Wildlife Services publication, Native Plants for Wildlife Habitat and Conservation Landscaping, Chesapeake Bay Watershed: www.fws.gov/chesapeakebay/pdf/NativePlantsforWildlifeHabitatandConservationLandscaping.pdf

A variance to the planting and mitigation standards of this chapter is not permitted.

Buffer management plans are required for new development and redevelopment projects within the MBA and the 100-foot buffer in RCA as per Appendix III and for shore erosion control, shoreline restoration projects (including invasive removal), bulkhead replacement, riparian access improvements, and water-dependent facilities.

Buffer management plans may be either simplified, minor, or major depending on the square footage of disturbance and are described in COMAR 27.01.09.01-3. The provisions of this section do not apply to maintaining an existing grass lawn or an existing garden in the buffer.

Any permit for a development activity that requires buffer mitigation will not be issued until a buffer management plan is approved by the City.

An applicant may not obtain final approval of a subdivision application until the buffer management plan has been reviewed and approved by the City.

The City may not approve a buffer management plan unless:

The plan clearly indicates that all planting standards under § 49-7 of this chapter will be met; and

Appropriate measures are in place for the long-term protection and maintenance of all buffer areas.

For a buffer management plan that is the result of an authorized disturbance in the MBA, a permit authorizing final use and occupancy will not be issued until the applicant:

Completes the implementation of a buffer management plan; or

Provides financial assurance to cover the costs for:

Materials and installation; and

If the mitigation or establishment requirement is at least 5,000 square feet, long-term survivability requirements.

Concurrent with recordation of a site plan or subdivision plat, an applicant shall record a protective easement for any required buffer planting area.

If an applicant fails to implement a buffer management plan, that failure shall constitute a violation of this chapter. A permit for development or redevelopment activity will not be issued for a property until the violation is corrected.

An applicant shall post a subdivision with permanent signs marking "Chesapeake Bay Critical Area Native Planting Area" prior to final recordation.

Buffer management plans may include areas of natural regeneration and utilize the provisions of COMAR 27.01.09.01-4 for implementation guidance in the MBA.

§ 49-9 Other habitat protection areas.

Location.

Areas of threatened and endangered species and areas with species in need of conservation are those areas where these species, as designated by the Secretary of the Department of Natural Resources, are found or have historically been found and their surrounding habitats.

With regard to anadromous fish, Fountain Run and Lilly Run tributaries in the Critical Area are identified as anadromous fish propagation waters, as a spawning area for yellow perch, herring, and white perch. Striped bass spawning areas are documented downstream of Havre de Grace.

Maps provided by Department of Natural Resources Natural Heritage Program include one heron rookery on Tydings Island and identified Natural Heritage Areas in North Park. Please refer to the Department of Planning for specific locations and determination of needed review by the Department of Natural Resources.

Identification.

Threatened or endangered species or species in need of conservation;

Colonial waterbird nesting sites;

Historic waterfowl staging and concentration areas in tidal waters, tributary streams, or tidal and nontidal wetlands;

Existing riparian forests;

Forest areas utilized as breeding areas by forest interior dwelling birds and other wildlife species;

Other plant and wildlife habitats determined to be of local significance;

Natural Heritage Areas; and

Anadromous fish propagation waters.

Standards.

An applicant for a development activity proposed for a site within the Critical Area that is in or near a Habitat Protection Area listed above shall request review by the Department of Natural Resources Wildlife and Heritage Service (DNR WHS), and as necessary United States Fish and Wildlife Service (USFWS), for comment and technical advice. Based on the Department's recommendations, additional research and site analysis may be required to identify the location of threatened and endangered species and species in need of conservation on a site.

If the presence of any Habitat Protection Area is confirmed by the Department of Natural Resources, the applicant shall follow all recommendations from DNR WHS, and as necessary USFWS.

If potential FIDS habitat is identified, the proposed development shall conform to the Critical Area Commission's FIDS Guidance Manual, dated June 2000, as amended from time to time.

If potential anadromous fish propagation waters are identified, the proposed development shall conform to the policies and criteria listed in COMAR 27.01.09.05.

The specific protection and conservation measures recommended by DNR WHS and USFWS shall be included on the site plan and shall be considered conditions of approval for the project.

§ 49-10 Water dependent facilities.

Applicability. The provisions of this section apply to those structures or works associated with industrial, maritime, recreational, educational, or fisheries activities that require location at or near the shoreline within the buffer. An activity is water-dependent if it cannot exist outside the buffer and is dependent on the water by reason of the intrinsic nature of its operation.

Identification. Water dependent facilities include, but are not limited to, ports, the intake and outfall structures of power plants, water-use industries, marinas and other boat docking structures, public beaches and other public water-oriented recreation areas, and fisheries activities. Excluded from this regulation are individual private piers installed or maintained by riparian landowners, and which are not part of a subdivision that provides community piers.

Standards. The following standards shall apply to new or expanded development activities associated with water-dependent facilities:

New or expanded development activities may be permitted in the buffer in the Intensely Developed Areas provided that it can be shown:

That they are water-dependent;

That the project meets a recognized private right or public need;

That adverse effects on water quality, fish, plant, and wildlife habitat are minimized;

That, insofar as possible, non-water-dependent structures or operations associated with water-dependent projects or activities are located outside the buffer; and

That the facilities are consistent with an approved local plan as set forth below.

New or expanded development activities may not be permitted in those portions of the buffer which occur in Resource Conservation Areas. Applicants for water-dependent facilities in a Resource Conservation Area, other than those specifically permitted herein, must apply for a portion of the City's growth allocation as set forth in this chapter.

Evaluating plans for new and expanded water-dependent facilities. The City shall evaluate on a case-by-case basis all proposals for expansion of existing or new water-dependent facilities. The City shall work with appropriate state and federal agencies to ensure compliance with applicable regulations. The following factors shall be considered when evaluating proposals for new or expanded water-dependent facilities:

That the activities will not significantly alter existing water circulation patterns or salinity regimes;

That the water body upon which these activities are proposed has adequate flushing characteristics in the area;

That disturbance to wetlands, submerged aquatic plant beds, or other areas of important aquatic habitats will be minimized;

That adverse impacts to water quality that may occur as a result of these activities, such as non-point-source run-off, sewage discharge from land activities or vessels, or from boat cleaning and maintenance operations, is minimized;

That shellfish beds will not be disturbed or be made subject to discharge that will render them unsuitable for harvesting;

That dredging shall be conducted in a manner, and using a method which causes the least disturbance to water quality and aquatic and terrestrial habitats in the area immediately surrounding the dredging operation or within the Critical Area, generally;

That dredged spoil will not be placed within the buffer or elsewhere in that portion of the Critical Area which has been designated as a Habitat Protection Area except as necessary for:

Backfill for permitted shore erosion protection measures;

Use in approved vegetated shore erosion projects;

Placement on previously approved channel maintenance spoil disposal areas; and

Beach nourishment.

That interference with the natural transport of sand will be minimized; and

(9)

That disturbance will be avoided to historic areas of waterfowl staging and concentration or other Habitat Protection Areas identified in the Habitat Protection Area sections of this chapter.

Industrial and port-related facilities. New, expanded or redeveloped industrial or port-related facilities and the replacement of these facilities may be permitted only in those portions of Intensely Developed Areas that have been designated as Modified Buffer Areas as described in this chapter and are subject to the provisions set forth in that section.

Marinas and other commercial maritime facilities. New, expanded or redeveloped marinas may be permitted in the buffer within Intensely Developed Areas subject to the requirements set forth in this section. New marinas or related maritime facilities may not be permitted in the buffer within Resource Conservation Areas except as provided in this section. Expansion of existing marinas may be permitted by the City within Resource Conservation Areas, provided that it is sufficiently demonstrated that the expansion will not adversely affect water quality, and that it will result in an overall net improvement in water quality at or leaving the site of the marina. New and existing marinas shall meet the sanitary requirements of the Department of the Environment as required in COMAR 26.04.02. New marinas shall establish a means of minimizing the discharge of bottom wash waters into tidal waters.

Community piers. New or expanded community marinas and other noncommercial boat docking and storage facilities may be permitted in the buffer subject to the requirements in this section provided that:

These facilities may not offer food, fuel, or other goods and services for sale and shall provide adequate and clean sanitary facilities;

The facilities are community-owned and established and operated for the benefit of the residents of a platted and recorded riparian subdivision;

The facilities are associated with a residential development approved by the City for the Critical Area and consistent with all state requirements and program requirements for the Critical Area;

Disturbance to the buffer is the minimum necessary to provide a single point of access to the facilities; and

If community piers, slips, or moorings are provided as part of the new development, private piers in the development are not allowed.

Number of slips or piers permitted. The number of slips or piers permitted at the facility shall be the lesser of Subsection H(1) or (2) below:

One slip for each 50 feet of shoreline in the subdivision in the Intensely Developed Area and one slip for each 300 feet of shoreline in the subdivision in the Resource Conservation Area; or

A density of slips or piers to platted lots or dwellings within the subdivision in the Critical Area according to the following schedule:

Number of Slips Permitted
Platted Lots or Dwellings in the Critical Area	Slips
Up to 15	1 for each lot
16 - 40	15% or 75%, whichever is greater
41 - 100	30% or 50%, whichever is greater
101 - 300	50% or 25%, whichever is greater
Over 300	75% or 15%, whichever is greater

Public beaches, recreation or education areas. Public beaches or other public water-oriented recreation or education areas including, but not limited to, publicly owned boat launching and docking facilities and fishing piers may be permitted in the buffer in Intensely Developed Areas. These facilities may be permitted within the buffer in Resource Conservation Areas provided that:

Adequate sanitary facilities exist;

Service facilities are, to the extent possible, located outside the buffer;

Permeable surfaces are used to the extent practicable, if no degradation of groundwater would result;

Disturbance to natural vegetation is minimized; and

Areas for passive recreation, such as nature study, hiking, and hunting and trapping, and for education, may be permitted in the buffer within Resource Conservation Areas if service facilities for these uses are located outside of the buffer.

Research areas. Water-dependent research facilities or activities operated by state, federal, or local agencies or educational institutions may be permitted in the buffer, if non-water-dependent structures or facilities associated with these projects are, to the extent possible, located outside of the buffer.

Fisheries activities. Lands and water areas with high aquaculture potential will be identified by the City in cooperation with the state when applications for new or expanded fisheries or aquaculture facilities in these areas are submitted to the City. These areas are encouraged for that use and, if so used, should be protected from degradation by other types of land and water use or by adjacent land and water uses. Commercial water-dependent fisheries including, but not limited to structures for crab shedding, fish off-loading docks, shellfish culture operations and shore-based facilities necessary for aquaculture operations and fisheries activities, may be permitted in the buffer in Intensely Developed Areas and Resource Conservation Areas.

§ 49-11 Grandfathering.

Continuation of existing uses.

The continuation, but not necessarily the intensification or expansion, of any use or structure in existence on or before June 6, 1988, which is the date of the City's original program approval, unless the use or structure has been abandoned for more than one year or is otherwise restricted by existing local ordinances.

If any existing use does not conform with the provisions of this chapter, its intensification or expansion may be permitted only in accordance with the variance procedures in § 49-12, Variances.

Residential density on grandfathered lots.

Except as otherwise provided, the following types of land are permitted to be developed with a single-family dwelling, if a dwelling is not already placed there, notwithstanding that such development may be inconsistent with the density provisions of this chapter.

Any land on which development activity has progressed to the point of pouring of foundation footings or the installation of structural members;

A legal parcel of land, not being part of a recorded or approved subdivision, that was recorded as of December 1, 1985;

Land that received a building permit subsequent to December 1, 1985 but prior to June 6, 1988;

Land that was subdivided into recorded, legally buildable lots, where the subdivision received final approval between June 1, 1984 and December 1, 1985; and

Land that was subdivided into recorded, legally buildable lots, where the subdivision received the City's final approval after December 1, 1985 and provided that either development of any such land conforms to the IDA or RCA requirements in this chapter or the area of the land is counted against the growth allocation permitted under this chapter.

Implementation.

For purposes of implementing this regulation, a local jurisdiction shall have determined, based on land uses and development in existence on December 1, 1985, which land areas fall within the three types of development areas described in this chapter.

Nothing in this section may be interpreted as altering any requirements of this chapter related to water-dependent facilities or Habitat Protection Areas.

§ 49-12 Variances.

Applicability. The City has established provisions where, owing to special features of a site or other circumstances, implementation of this chapter or a literal enforcement of provisions within this chapter would result in unwarranted hardship to an applicant, a Critical Area variance may be obtained.

In considering an application for a variance, the City shall presume that the specific development activity in the Critical Area, that is subject to the application and for which a variance is required, does not conform with general purpose and intent of Natural Resources Article, Title 8 Subtitle 18, COMAR Title 27, and requirements of this chapter.

Unwarranted hardship means that without a variance, an applicant would be denied reasonable and significant use of the entire parcel or lot for which the variance is requested.

Standing. In accordance with Natural Resources Article, § 8-1808(d)(2), Annotated Code of Maryland, if a person meets the threshold standing requirements under federal law, the person shall have standing to participate as a party in a local administrative proceeding.

Standards. The provisions for granting such a variance shall include evidence submitted by the applicant that the following standards are met:

Special conditions or circumstances that are peculiar to the land or structure involved and that a literal enforcement of provisions and requirements of this Critical Area chapter would result in unwarranted hardship;

A literal interpretation of the provisions of this chapter will deprive the applicant of the use of land or a structure permitted to others in accordance with the provisions of this chapter;

The granting of a variance will not confer upon an applicant any special privilege that would be denied by this Critical Area Chapter to other lands or structures within the Critical Area;

The variance request is not based upon conditions or circumstances which are the result of actions by the applicant, including the commencement of development activity before an application for a variance has been filed;

The request does not arise from any condition relating to land or building use, either permitted or nonconforming on any neighboring property;

The granting of a variance shall not adversely affect water quality or adversely impact fish, wildlife, or plant habitat within the Critical Area; and

The granting of the variance will be in harmony with the general spirit and intent of the State Critical Area Law and this chapter.

Process. Applications for a variance will be made in writing to the City's Board of Appeals with a copy provided to the Critical Area Commission. The City shall follow its established procedures for advertising and notification of affected landowners.

After hearing an application for a Critical Area Program variance, the Board of Appeals shall make written findings reflecting analysis of each standard.

If the variance request is based on conditions or circumstances that are the result of actions by the applicant, the City shall consider that fact.

The applicant has the burden of proof and the burden of persuasion to overcome the presumption of nonconformance established in Subsection A above.

The City shall notify the Critical Area Commission of its findings and decision to grant or deny the variance request.

Procedures.

Variance procedures.

Based on competent and substantial evidence, the City's Board of Appeals shall make written findings as to whether the applicant has overcome the presumption of nonconformance as established in Subsection A above, and if applicable Subsection B above. With due regard for the person's technical competence and specialized knowledge, the written findings may be based on evidence introduced and testimony presented by:

The applicant;

The City or any other government agency; or

Any other person deemed appropriate by the City.

After-the-fact variance procedures.

A local jurisdiction may not accept an application of a variance to legalize a violation of the subtitle, including an unpermitted structure or other development activity until the local jurisdiction:

Issues a notice of violation; and

Assesses an administrative or civil penalty for the violation.

A local jurisdiction may not issue a permit, approval, variance, or special exception to legalize a violation of this subtitle unless an applicant has:

Fully paid all administrative, civil, and criminal penalties imposed under Natural Resources Article, § 8-1808(c)(1)(iii)14-15 and (2)(i), Annotated Code of Maryland;

Prepared a restoration or mitigation plan, approved by the local jurisdiction, to abate impacts to water quality or natural resources as a result of the violation; and

Performed the abatement measures in the approved plan in accordance with the local Critical Area program.

If the Board denies the requested after-the-fact variance, then the City shall:

Order removal or relocation of any structure; and

Order restoration of the affected resources.

Appeals. Appeals of decisions concerning the granting or denial of a variance under these regulations shall be taken in accordance with all applicable laws and procedures of the City for variances. Variance decisions by the Board of Appeals may be appealed to the Circuit Court in accordance with the Maryland Rules of Procedure. Appeals may be taken by any person, firm, corporation, or governmental agency aggrieved or adversely affected by any decision made under this chapter.

Conditions and mitigation. The Board of Appeals shall impose conditions on the use or development of a property which is granted a variance as it may find reasonable to ensure that the spirit and intent of this chapter is maintained including, but not limited to, the following:

Adverse impacts resulting from the granting of the variance shall be mitigated as recommended by the Department of Planning, but not less than by planting on the site per square foot of the variance granted at no less than a 3:1 basis.

§ 49-13 Lot consolidation and reconfiguration.

New or expanded structures or lot coverage shall be located the greatest possible distance from mean high water, the landward edge of tidal wetlands, tributary streams, nontidal wetlands, or steep slopes.

Commission notification. Within 10 working days after a written decision regarding a variance application is issued, a copy of the decision will be sent to the Critical Area Commission. The City may not issue a permit for the activity that was the subject of the application until the applicable thirty-day appeal period has elapsed.

Applicability. The provisions of this part apply to a consolidation or a reconfiguration of any nonconforming legal grandfather parcel or lot. These provisions do not apply to the reconfiguration or consolidation of parcels or lots which are conforming or meet all Critical Area requirements. Nonconforming parcels or lots include:

Those for which a Critical Area variance is sought or has been issued; and

Those located in the Resourced Conservation Area and are less than 20 acres in size.

Procedure. An applicant seeking a parcel or lot consolidation or reconfiguration shall provide the required information required in COMAR 27.01.02.08.E to the City.

The City may not approve a proposed parcel or lot consolidation or reconfiguration without making written findings in accordance with COMAR 27.01.02.08.F.

The City shall issue a final written decision or order granting or denying an application for a consolidation or reconfiguration.

After a final written decision or order is issued, the City shall send a copy of the decision or order and a copy of any approved development plan within 10 business days by U.S. mail to the Commission's business address.

§ 49-14 Amendments.

Program amendments. The Mayor and City Council may from time to time amend the City Critical Area provisions of this chapter. Changes include, but are not limited to, amendments, revisions, and modifications to these regulations, Critical Area maps, implementation procedures, and local policies that affect the City's Critical Area. All such amendments, revisions, and modifications shall also be approved by the Critical Area Commission as established in Section 8-1809 of the Natural Resources Article of the Annotated Code of Maryland. No such amendment shall be implemented without approval of the Critical Area Commission. Standards and procedures for Critical Area Commission approval of proposed amendments are as set forth in the Critical Area Law § 8-1809 (i) and § 8-1809(d), respectively.

Zoning map amendments. Except for program amendments or program refinements developed during a six-year comprehensive review, a zoning map amendment may only be granted by the City Council upon proof of a mistake in the existing zoning. This requirement does not apply to proposed changes to a zoning map that meet the following criteria:

Are wholly consistent with the land classifications as shown in the adopted Critical Area Overlay Map; or

The use of growth allocation in accordance with the growth allocation provisions of this chapter is proposed.

Process.

When an amendment is requested, the applicant shall submit the amendment to the Planning Commission for review and research. Upon completing findings of fact, these documents shall be forwarded to the City Council.

The City Council shall hold a public hearing at which parties of interest and citizens shall have an opportunity to be heard. At least a fourteen-day notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City.

After the City Council approve an amendment, they shall forward their decision and applicable resolutions along with the amendment request to the Critical Area Commission for final approval.

§ 49-15 Cutting or clearing trees.

Policies. The following policies recognize the value of forested land for its water quality benefits and for habitat protection:

Maintain and increase the forested vegetation in the Critical Area;

Conserve forests and developed woodlands and provide for expansion of forested areas;

Provide that the removal of trees associated with development activities shall be minimized and, where appropriate, shall be mitigated; and

Recognize that forests are a protective land use and should be managed in such a manner so that maximum values for wildlife, water quality, timber, recreation, and other resources can be maintained, recognizing that, in some cases, these uses may be mutually exclusive.

Identification. Evaluation of forest and developed woodland resources on specific sites shall be accomplished as part of the environmental analysis required prior to site plan and subdivision approval.

Protection of riparian and forest habitat in the Resource Conservation Area.

Vegetation shall be maintained in its natural condition along all streams to provide wildlife corridors.

A minimum 100-foot buffer shall extend landward from the mean high water line of tidal water, tributary streams and tidal wetlands. This area is to be conserved for wildlife protection and water quality.

Nontidal wetland forests should be left in a natural state for wildlife and water quality protection.

Forest areas utilized as breeding areas by forest interior dwelling birds and other wildlife species (for example, relatively mature forested areas within the Critical Area of 100 acres or more, or forest connected with these areas) shall be conserved.

Existing riparian forests (for example, those relatively mature forests of at least 300 feet in width which occur adjacent to streams, wetlands, or the bay shoreline and which are documented breeding areas) shall be conserved.

For the establishment or replacement of forest in RCA, the following policies should be used for afforestation and reforestation:

The replacement or establishment of forests or developed woodlands should ensure a diversified plant community and should include canopy trees, understory trees, shrub scrub and herbaceous plants; and

Native species should be used for all reforestation and afforestation.

Tree cutting, clearing, and vegetation removal in the Modified Buffer Area. Any cutting or removal of natural vegetation as allowed below shall require a buffer management plan approved by the Department of Planning, as per § 49-8. A planting agreement shall be executed to ensure that trees or vegetation that are removed are replaced on an equal basis. Cutting or clearing of trees and vegetation removal may be allowed within the buffer under the following circumstances:

Cutting of trees or removal of natural vegetation may be permitted in the MBA based on the standards for development and redevelopment established in § 49-5. Modified Buffer Areas and to provide access to private piers, to install or construct a shore erosion protection device or measure, or a water-dependent facility, provided the device, measure or facility has received all necessary state and federal permits. See § 49-6 for required mitigation ratios related to these shoreline disturbance activities.

Individual trees may be removed which are in danger of falling and causing damage to dwellings or other structures, or which area in danger of falling and therefore causing the blockage of streams, or resulting in accelerated shore erosion.

Horticulture practices may be used to maintain the health of individual trees.

Other cutting techniques may be undertaken within the MBA under the advice and guidance of the State Department of Agriculture and Natural Resources, if necessary to preserve the forest from extensive pest or disease infestation or threat from fire.

Enforcement for tree and vegetation removal. Unauthorized clearing, cutting, or removal of vegetation in the MBA; unauthorized clearing, cutting, or removal of vegetation in the RCA 100-foot buffer; and clearing, cutting or removal of vegetation in excess of the area permitted to be cleared by this chapter is considered a civil violation of this chapter and shall result in fines and/or mandatory planting. The Department of Planning, or its designee, shall have the authority to issue a citation and are hereby declared to be the officials with the duty of enforcing these provisions. All replanting plans shall be prepared by a state or registered forester, landscape architect, or other restoration professional.

For unauthorized clearing, cutting, or removal of vegetation in the MBA that does not exceed the area that could be authorized in accordance with this chapter, fines shall be assessed in the amount of $100 for each occurrence and reforestation shall be required at a ratio of 1:1 for the area of disturbance. See § 49-7, Mitigation Planting Standards for landscape stock credit table for plant replacement credits based on square footage.

For unauthorized clearing, cutting, or removal of vegetation in the MBA that exceeds the area that could be authorized in accordance with this chapter, fines shall be assessed at $100 for each occurrence and reforestation shall be required at a ratio 3:1 for the area of disturbance.

For unauthorized clearing, cutting, or removal of vegetation in the 100-foot buffer in the RCA, or another Habitat Protection Area, fines shall be assessed at $100 for each occurrence and replanting shall be required at a ratio of 4:1 for the area of disturbance as per Appendix III, 100-foot Buffer Requirements for RCA.

When trees or vegetative cover cannot be fully replaced on-site because of existing vegetation, existing development, or the size of the parcel, then planting shall take place on an off-site location approved by the Department of Planning or its designee. If an off-site location cannot be utilized, then fees-in-lieu shall be collected. All off-site locations resulting from enforcement shall be located in the buffer or Habitat Protection Area. Fees shall be assessed at $1.50 per square foot of required mitigation.

Fines collected from enforcement actions in the Critical Area shall be maintained in a separate account to be used by the municipality for reforestation or other habitat or water quality enhancing efforts.

All violations resulting in on-site or off-site planting shall include a written planting agreement signed by the landowner and the Department of Planning designee. Said planting agreement shall include: size and species of trees, planting windows, survivability, follow-up inspection period, bonding, and other factors deemed to be relevant.

§ 49-16 Enforcement.

With the exception of the enforcement policies as outlined in § 49-15, Cutting or clearing trees, the following policies are in effect for program enforcement:

Consistency. The Critical Area provisions of this chapter, in accordance with the Critical Area Act and Criteria supersede any inconsistent law, chapter, or plan of the City of Havre de Grace. In the case of conflicting provisions, the stricter provisions shall apply.

Violations.

No person shall violate any provision of this chapter. Each violation that occurs and each calendar day that a violation continues shall be a separate offense.

Each person who violates a provision of this chapter shall be subject to separate administrative civil penalties, abatement and restoration orders, and mitigation for each offense.

Noncompliance with any permit or order issued by the City related to the Critical Area shall be a violation of this chapter and shall be enforced as provided herein.

Responsible persons. The following persons may each be held jointly or severally responsible for a violation: (1) developer or any persons who apply for or obtain any permit or approval, (2) contractors, (3) subcontractors, (4) property owners, (5) managing agents, or (6) any person who has committed, assisted, or participated in the violation.

Required enforcement action. In the case of violations of this chapter, the City shall take enforcement action including:

Assess administrative civil penalties as necessary to cover the costs associated with performing inspections, supervising or rendering assistance with identifying and citing the violation, issuing abatement and restoration orders, and reviewing mitigation plans and ensuring compliance with these plans;

Issue abatement, restoration, and mitigation orders as necessary to:

Stop unauthorized activity;

Restore and stabilize the site, as appropriate, to its condition prior to the violation or to a condition that provides the same water quality and habitat benefits.

Require the implementation of mitigation measures, in addition to restoration activities, to offset the environmental damage and degradation or loss of environmental benefit resulting from the violation.

Right to enter property. Except as otherwise authorized and in accordance with the procedures specified herein, the City's Department of Planning designated personnel may obtain access to and enter a property in order to identify or verify a suspected violation, restrain a development activity, or issue a citation if the City has probable cause to believe that a violation of this chapter has occurred, is occurring, or will occur. The City shall make a reasonable effort to contact a property owner before obtaining access to or enter the property. If entry in denied, the City may seek an injunction to enter the property to pursue an enforcement action.

Administrative civil penalties. In addition to any other penalty applicable under state or municipal law, every violation of a provision of Natural Resources Article, Title 8 Subtitle 18, or the Critical Area provisions of this chapter shall be punishable by a civil penalty of up to $10,000 per calendar day. This fine is payable to the City to be deposited in the City's Critical Area Fund.

Before imposing any civil penalty, the person(s) believed to have violated this chapter shall receive: written notice of the alleged violation(s) including which, if any, are continuing violations, and an opportunity to be heard. The amount of the civil penalty for each violation, including each continuing violation, shall be determined separately. For each continuing violation, the amount of the civil penalty shall be determined per day. In determining the amount of the civil penalty, the City shall consider:

The gravity of the violation;

The presence or absence of good faith of the violator;

Any willfulness or negligence involved in the violation including a history of prior violations;

The environmental impact of the violation; and

The cost of restoration of the resource affected by the violation and mitigation for damage to that resource, including the cost to the City for performing, supervising, or rendering assistance to the restoration and mitigation.

Administrative civil penalties for continuing violations shall accrue for each violation, every day each violation continues, with no requirements for additional assessments, notice, or hearings for each separate offense. The total amount payable for continuing violations shall be the amount assessed per day for each violation multiplied by the number of days that each violation has continued.

The person responsible for any continuing violation shall promptly provide the City with written notice of the date(s) the violation has been or will be brought into compliance and the date(s) for City inspection to verify compliance. Administrative civil penalties for continuing violations continue to accrue as set forth herein until the City receives such written notice and verifies compliance by inspection or otherwise.

Assessment and payment of administrative civil penalties shall be in addition to and not in substitution for recovery by the City of all damages, costs, and other expenses caused by the violation.

Payment of all administrative civil penalties assessed shall be a condition precedent to the issuance of any permit or other approval required by this chapter.

Cumulative remedies. The remedies available to the City under this chapter are cumulative and not alternative or exclusive, and the decision to pursue one remedy does not preclude pursuit of others.

Injunctive relief. The City is authorized to institute injunctive or other appropriate actions or proceedings to bring about the discontinuance of any violation of this chapter, an administrative order, a permit, a decision, or other imposed condition.

The pendency of an appeal to the Board of Appeals or subsequent judicial review shall not prevent the City from seeking injunctive relief to enforce an administrative order, permit, decisions, or other imposed condition, or to restrain a violation pending the outcome of the appeal or judicial review.

Variances pursuant to a violation. The City may accept an application for a variance regarding a parcel or lot that is subject to a current violation of this subtitle or any provisions of an order, permit, plan, or this chapter in accordance with the variance provisions of this chapter. However, the application shall not be reviewed, nor shall a final decision be made until all abatement, restoration, and mitigation measures have been implemented and inspected by the City.

Permits pursuant to a violation. The City may not issue any permit, approval, variance, or special exception, unless the person seeking the permit has:

Fully paid all administrative, civil, or criminal penalties as set forth in Subsection F above;

Prepared a restoration or mitigation plan, approved by the City, to abate impacts to water quality or natural resources as a result of the violation;

Performed the abatement measures in the approved plan in accordance with the City's regulations; and

Unless an extension of time is approved by the City because of adverse planting conditions, within 90 days of the issuance of a permit, approval, variance, or special exception for the affected property, any additional mitigation required as a condition of approval for the permit, approval, variance, or special exception shall be completed.

Appeals. An appeal to the City's Board of Appeals may be filed by any person aggrieved by any order, requirement, decision or determination by the City in connection with the administration and enforcement of this chapter.

An appeal is taken by filing a written notice of appeal with the Board of Appeals in accordance with the provisions in Chapter 25, Boards, Committees and Commissions, or the City Code and accompanied by the appropriate filing fee;

An appeal must be filed within 30 days after the date of the decision or order being appealed; and

An appeal stays all actions by the City seeking enforcement or compliance with the order or decisions being appealed, unless the City certifies to the Board of Appeals that (because of facts stated in the certificate) such stay will cause imminent peril to life or property. In such a case, action by the City shall not be stayed except by order of the Board of Appeals or a court up on application of the party seeking the stay.

§ 49-17 Severability.

If any section, sentence, clause or phrase of this chapter is held invalid or unconstitutional by any court of competent jurisdiction, then said ruling shall not affect the validity of the remaining portions of this chapter.

§ 49-18 Appendix information.

Appendix I. Resource Conservation Area (RCA) Lot Coverage Standards on Existing Lots. The following are standards for lot coverage as required in Limited Development Areas and Resource Conservation Areas as taken from state regulations.

Except as otherwise provided in this subsection, lot coverage is limited to 15% of a lot or parcel, or any portion of a lot or parcel, that are designated LDA or RCA.

If a parcel or lot of one-half acre or less in size existed on or before December 1, 1985, then lot coverage is limited to 25% of the parcel or lot.

If a parcel or lot greater than one-half acre and less than one acre in size existed on or before December 1, 1985, then lot coverage is limited to 15% of the parcel or lot.

If an individual lot one acre or less in size is part of a subdivision approved after December 1, 1985, then lot coverage may exceed 15% of the individual lot; however, the total lot coverage for the entire subdivision may not exceed 15%.

Lot coverage limits provided in Subsection A(1)(a) and (b) above may be exceeded, upon findings by the Department of Planning or its designee that the following conditions exist:

The lot coverage is legally nonconforming. A lot or parcel legally developed as of July 1, 2008 may be considered legally nonconforming for the purposes of lot coverage requirements;

Lot coverage associated with new development activities on the property have been minimized;

For a lot or parcel one-half acre or less in size, total lot coverage does not exceed lot coverage limits in Subsection A(1)(a) above by more than 25% or 500 square feet, whichever is greater;

For a lot or parcel greater than one-half acre and less than one acre in size, total lot coverage does not exceed the lot coverage limits in Subsection A(1)(b) or 5,445 square feet, whichever is greater;

The following table summarizes the limits set forth in Subsection A(1)(d)[1] through [4] above:

Lot Coverage Limits Table for LDA and RCA
Lot/Parcel Size (Square Feet)	Lot Coverage Limit
0 - 8,000	25% of parcel + 500 SF
8,001 - 21,780	31.25% of parcel
21,781 - 36,300	5,445 SF
36,301 - 43,560	15% of parcel

If the Department of Planning or its designee makes the finding set forth in Subsection A(1)(d) above and authorizes an applicant to use the lot coverage limits set forth in that paragraph, the applicant shall:

Demonstrate that the water quality impacts associated with runoff from the development activities that contribute to lot coverage have been minimized through site design considerations or the use of best management practices to improve water quality; and

Provide on-site mitigation in the form of plantings to offset potential adverse water quality impacts from the development activities resulting in new lot coverage. The plantings shall be equal to two times the area of the development activity.

If the applicant cannot provide appropriate stormwater treatment and plantings due to site constraints, then the applicant shall pay a fee to the City in lieu of performing the on-site mitigation.

Appendix II. Growth Allocation.

Growth allocation acreage and deduction.

Growth allocation available to the City of Havre de Grace includes:

An area equal to 5% of the RCA acreage located within the City and;

Growth allocation available to the City as provided by Harford County.

The City's original growth allocation is 20 acres.

The City's current growth allocation acreage remaining is 20 acres, as of the date of adoption of this chapter.

A local jurisdiction shall deduct acreage from its growth allocation reserves in accordance with COMAR 27.01.02.06-4.

Purpose. Growth allocation is available for use in a Resource Conservation Area (RCA) or in a Limited Development Area (LDA) in the City's Critical Area Overlay District. The purpose is to authorize a change in the Critical Area classification to develop at a higher density or use than the current classification allows.

Process. An applicant shall submit to the City a complete application for growth allocation that complies with the submittal and environmental report requirements of COMAR 27.01.02.06-1 through 06-2. A growth allocation request shall be approved by the City Council prior to submission to the Commission.

Requirements. When locating new Intensely Developed or Limited Development Areas, the following requirements apply:

A new Intensely Developed Area shall be at least 20 acres.

No more than 1/2 of the City's growth allocation may be located in Resource Conservation Areas (RCAs) except as provided in Subsection B(4)(c) below.

If the City is unable to utilize a portion of its growth allocation as set out in Subsection B(4)(b) above, then that portion of the growth allocation which cannot be so located may be located in the Resource Conservation Area if the following standards apply:

Consistency with the City's adopted comprehensive plan and whether the growth allocation would implement the goals and objectives of the adopted plan. "Consistency with" means that a standard or factor will further, and not be contrary to, the following items in the comprehensive plan:

[a]

Policies;

[b]

Timing of the implementation of the development plan and/or rezoning;

[c]

Development patterns;

[d]

Land uses; and

[e]

Densities or intensities.

Standards. When locating new Intensely Developed or Limited Development Areas, the following standards shall apply:

A new Intensely Developed Area shall only be located in a Limited Development Area or adjacent to an existing Intensely Developed Area;

A new Limited Development Area shall only be located adjacent to an existing Limited Development Area or an Intensely Developed Area;

A new Limited Development Area or Intensely Developed Area shall be located in a manner that minimizes impacts to Habitat Protection Areas as defined herein and in COMAR 27.01.09 and in an area and manner that optimizes benefits to water quality;

A new Intensely Developed Area shall only be located where they minimize their impacts to the defined land uses of the Resource Conservation Area (RCA);

A new Intensely Developed Area or a Limited Developed Area in a Resource Conservation Area shall be located at least 300 feet beyond the landward edge of tidal wetlands or tidal waters;

New Intensely Developed Areas or Limited Development Areas to be located in Resource Conservation Areas shall conform to all criteria of the City for such areas, shall be so designated on the City's Critical Area Maps and shall constitute an amendment to this chapter subject to review and approval by the City Planning Commission, the City Council, and the Critical Area Commission as provided herein.

Additional factors. In reviewing map amendments or refinements involving the use of growth allocation, the City shall consider the following factors:

Consistency with the City's adopted comprehensive plan and whether the growth allocation would implement the goals and objectives of the adopted plan.

For a map amendment or refinement involving a new Limited Development Area, whether the development is:

To be served by a public wastewater system or septic system that uses the best available nitrogen removal technology:

A completion of an existing subdivision;

An expansion of an existing business; or

To be clustered.

For a map amendment or refinement involving a new Intensely Developed Area, whether the development is:

To be served by a public wastewater system;

If greater than 20 acres, to be located in a designated Priority Funding Area; and

To have a demonstrable economic benefit.

The use of existing public infrastructure, where practical;

Consistency with state and regional environmental protection policies concerning the protection of threatened and endangered species and species in need of conservation that may be located on- or off-site;

Impacts on a priority preservation area;

(g)

Environmental impacts associated with wastewater and stormwater management practices and wastewater and stormwater discharges to tidal waters, tidal wetlands and tributary streams; and

(h)

Environmental impacts associated with location in a coastal hazard area or an increased risk of severe flooding attributable to the proposed development.

Appendix III, 100-Foot Buffer Requirements. The following are the buffer requirements applicable to RCA and areas of future growth allocation, as per § 49-4 of this chapter and COMAR 27.01.09.01.

Applicability and delineation. An applicant for a development activity or a change in land use shall apply all of the required standards as described below. The buffer shall be delineated in the field and shall be shown on applications as follows:

A buffer of at least 100 feet is delineated, and expanded as described in Subsection C(1)(c), based on existing field conditions landward from:

The mean high water line of a tidal water;

The edge of each bank of a tributary stream; and

The upland boundary of a tidal wetland.

Applications for development activity on land located within the RCA requiring site plan approval after July 1, 2008 shall include a minimum buffer of at least 200 feet from a tidal waterway or tidal wetlands. Subdivision activity in the RCA is prohibited by Chapter 205, Zoning, and most RCA is publicly owned land.

The 100-foot buffer shall be expanded beyond 100 feet as described in Subsection C(1)(a) above, and beyond 200 feet as described in Subsection C(1)(b) above, to include the following contiguous land features:

A steep slope at a rate of four feet for every 1% of slope or the entire steep slope to the top of the slope, whichever is greater;

A nontidal wetland to the upland boundary of the nontidal wetland;

The 100-foot buffer that is associated with a Nontidal Wetland of Special State Concern as stated in COMAR 26.23.06.01; and

For an area of hydric soils or highly erodible soils, the lesser of:

[a]

The landward edge of the hydric or highly erodible soils; or

[b]

Three hundred feet where the expansion area includes the minimum 100-foot buffer.

Development activities in the buffer. The City may authorize disturbance to the buffer for the following activities, provided mitigation is performed in accordance with Subsection C(4) below and an approved buffer management plan is submitted as required per Subsection C(6) below:

A new development or redevelopment activity associated with a water-dependent facility as described in § 49-10.

A shore erosion control activity constructed in accordance with COMAR 26.24.02, a shore erosion control measure under COMAR 26.24.04, and this chapter.

A development or redevelopment activity approved in accordance with the variance provisions of this chapter.

A new development or redevelopment activity on a lot or parcel that was created before January 1, 2010, where:

The buffer is expanded for highly erodible soil on a slope less than 15% or is expanded for a hydric soil and the expanded buffer occupies at least 75% of the lot or parcel;

The development or redevelopment is located in the expanded portion of the buffer and not within the 100-foot buffer; and

Mitigation occurs at a 2:1 ratio based on the lot coverage of the proposed development activity that is in the expanded buffer.

Riparian access for water access, where mitigation is required at a rate of 2:1.

Buffer establishment.

The requirements of this regulation are applicable to:

A development or redevelopment activity that occurs on a lot or parcel that includes a buffer to tidal waters, a tidal wetland, or a tributary stream if that development or redevelopment activity is located outside the buffer; and

The approval of a subdivision that includes a buffer to tidal waters, a tidal wetland, or a tributary stream.

If an applicant for a subdivision of a lot uses or leases the lot for an agricultural purpose, the applicant:

In accordance with local land recordation requirements, shall record an approved buffer management plan under § 49-8 of this chapter; and

If authorized by the local jurisdiction, may delay implementation of the buffer management plan until the use of the lot is converted to a nonagricultural purpose.

The requirements of this regulation are not applicable to an in-kind replacement of a structure.

A local jurisdiction shall require an applicant to establish the buffer in vegetation in accordance with the table below and § 49-7 of this chapter and to provide a buffer management plan under § 49-8 of this chapter when an applicant applies for:

Approval of a subdivision;

Conversion from one land use to another land use on a lot or a parcel; or

Development on a lot or a parcel created before January 1, 2010.

When the buffer is not fully forested or is not fully established in existing, naturally occurring woody or wetland vegetation, an applicant shall establish the buffer to the extent required in COMAR 27.01.09.01-1(C).

A local jurisdiction may authorize an applicant to deduct from the total establishment requirement an area of lot coverage removed from the buffer if:

The lot coverage existed before the date of local program adoption or was allowed by local procedures; and

The total area is stabilized.

Mitigation for impacts to the buffer. An applicant for a development project that includes disturbance to the buffer shall mitigate for impacts to the buffer and shall provide a buffer management plan in accordance with the standards set forth in this Subsection.

All authorized development activities shall be mitigated based on the ratios noted in the table below, in addition to the area of canopy coverage removed for an individual tree, developed woodland or forest.

Table for buffer Mitigation Ratios
Activity	Mitigation Ratio
Activity	Permanent Disturbance	Temporary Disturbance
Septic on a lot created before local program approval if located in existing grass or if clearing is not required*	Not applicable	0
Septic system in a forest or developed woodland on a lot created before local program approval if clearing is required*	1:1	Not applicable
Shore erosion control	1:1	1:1
Riparian water access	2:1	1:1
Water-dependent facility	2:1	1:1
Variance	3:1	1:1

*	In no case is septic applicable in the City of Havre de Grace.

All unauthorized development activities and/or disturbance in the buffer shall be mitigated at a ratio of 4:1 for the area of disturbance in the buffer.

Planting for mitigation shall be planted onsite within the buffer. If mitigation planting cannot be located within the buffer, then the City may permit planting in the following order of priority:

On-site and adjacent to the buffer; and

On-site elsewhere in the Critical Area.

The installation or cultivation of new lawn or turf in the buffer is prohibited.

Buffer planting standards.

An applicant that is required to plant the buffer to meet establishment or mitigation requirements shall apply the planting standards set forth in the table below.

Table for Landscape Stock Credit
Vegetation Type	Minimum Size Eligible for Credit	Maximum Credit Allowed (Square Feet)	Maximum Percentage of Landscape Stock Credit
Canopy tree	2-inch caliper	200	Not applicable
Canopy tree	3/4-inch caliper	100	Not applicable
Understory tree	3/4-inch caliper	75	Not applicable
Large shrub	3 feet high	50	30%
Small shrub	18 inches high	25	20%
Herbaceous perennial	1 quart or based on the area covered by plugs or seed mix	2	10%
Planting Cluster A (For less than 1/2 acre of planting)	1 canopy tree; and 3 large shrubs or 6 small shrubs of size listed above	300	Not applicable
Planting Cluster B (For less than 1/2 acre of planting)	2 understory trees; and 3 large shrubs or 6 small shrubs of size listed above	350	Not applicable

A variance to the planting and mitigation standards of this chapter is not permitted.

Required submittal of buffer management plans. An applicant that is required to plant the buffer to meet establishment or mitigation requirements shall submit a buffer management plan in accordance with COMAR 27.01.09.01-3. The provisions of this section do not apply to maintaining an existing grass lawn or an existing garden in the buffer.

Any permit for a development activity that requires buffer establishment or buffer mitigation will not be issued until a buffer management plan is approved by the City.

An applicant may not obtain final approval of a subdivision application until the buffer management plan has been reviewed and approved by the City.

The City may not approve a buffer management plan unless:

The plan clearly indicates that all planting standards under § 49-7 of this chapter will be met; and

Appropriate measures are in place for the long-term protection and maintenance of all buffer areas.

For a buffer management plan that is the result of an authorized disturbance to the buffer, a permit authorizing final use and occupancy will not be issued until the applicant:

Completes the implementation of a buffer management plan; or

Provides financial assurance to cover the costs for:

[a]

Materials and installation; and

[b]

If the mitigation or establishment requirement is at least 5,000 square feet, long-term survivability requirements as set forth in COMAR 27.01.09.01-2.

Concurrent with recordation of a subdivision plat, an applicant shall record a protective easement for the buffer.

If an applicant fails to implement a buffer management plan, that failure shall constitute a violation of this chapter. A permit for development activity will not be issued for a property that has the violation.

(g)

An applicant shall post mitigation area with permanent signs in accordance with COMAR 27.01.09.01-2.

(h)

Buffer management plans that includes natural regeneration shall follow the provisions of COMAR 27.01.09.01-4.

Fee-in-lieu of buffer mitigation. A fee in-lieu of mitigation will be collected if the planting requirements of Subsection C(4) above cannot be fully met onsite, in accordance with the following standards:

Fee-in-lieu monies shall be collected and held in the restricted Critical Area Fund, which may not revert to the City's general fund;

Fee-in-lieu shall be assessed at $1.50 per square foot of required buffer mitigation;

A portion of fee-in-lieu money can be used for management and administrative costs; however, this cannot exceed 20% of the fees collected; and

Fee-in-lieu monies shall be used for the following projects:

To establish the buffer on sites where planting is not a condition of development or redevelopment;

For water quality and habitat enhancement projects as approved by the Critical Area Commission or by agreement between the City and the Critical Area Commission.

Appendix IV. Renewable energy generating systems.

Renewable energy regulations are in effect under COMAR Title 27. Critical Area Commission for the Chesapeake and Coastal Bays. The purpose of the regulations is to provide development standards for minor (2 MW or less) and major (greater than 2MW) solar projects in the Critical Area on private lands, state lands, and lands owned by a local jurisdiction. The regulations include provisions related to buffer disturbance, forest clearing, habitat protection areas, mitigation, and density provisions for location in the Resource Conservation Area of the Critical Area.